Changes to Employment Authorization

In publishing the final rule, DHS managed to sneak in changes to how it will process applications for employment authorization documents (EADs), particularly extensions. The most alarming change is that USCIS is formally rescinding the regulation that requires EAD adjudications within 90 after filing. This rescission of the requirement to adjudicate EADs within a reasonable period of time certainly does not coincide with the stated intention of "enhancing stability and certainty" to foreign nationals and their employers. USCIS will permit filings 180 days (up from the present 120 days) in advance in some cases, but this will be determined on an EAD category-by-category basis and it remains to be seen whether this will be helpful in its practical application.

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