The Trump administration has rolled back a Biden-era policy decision and made re-vetting mandatory for foreign non-immigrant visa holders seeking extension of work permits, a move that is likely to impact Indians as well.
The new rules ending the practice of automatically extending the validity of employment authorisation documents (EADs) for foreign workers in certain categories came into effect from Thursday. In May, 2022, the Biden administration had amended rules that provided for an automatic 540-day extension of EADs without any verification process once the applicants filed new applications for renewal of the employment authorisation.
The decision to grant the extension without any verification process was taken in view of 1.5 million pending requests for grant of work permits during that period as there were apprehensions that any further delays to process them may lead to unemployment.
Nonimmigrant visa holders in specific categories require the employment authorisation document or EAD to work temporarily in the US. An EAD is a proof that a nonimmigrant foreign worker is authorised to work in the country for a specific period of time. The Department of Homeland Security on Wednesday announced scrapping the provision to automatically extend the EADs for foreigners filing renewal applications.
It said the move is aimed at proper screening and vetting of foreigners before extending the validity of their employment authorisations. “The interim final rule does not affect EADs automatically extended before October 30,” it said. The validity of an EAD generally ranges from one to two years but for some categories it may be granted even for five years. Joseph Edlow, the director of the US Citizenship and Immigration Services (USCIS) said his organisation is placing a renewed emphasis on robust screening and vetting of foreigners, “eliminating” policies of the previous administration that prioritised convenience of foreigners ahead of safety and security of Americans.
“It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorisation or documentation is extended. All aliens (foreigners) must remember that working in the US is a privilege, not a right,” he said.
