The United States Department of Homeland Security announced a 1 1/2 year extension for some expiring work permits, including certain immigrants applying for green cards and spouses of H-1B visa holders who get employment authorization cards (EADs). The new temporary rule was announced on May 3, 2022, and goes into effect on May 4, 2022. The work permit extension addresses the USCIS (U.S. Citizenship and Immigration Services) immigration backlog where the work permits of many foreign workers in the United States are expiring while businesses are experiencing severe labour shortages.
U.S. employers must verify that all employees, regardless of citizenship or national origin, are authorized to work in the United States. An Employment Authorization Document (EAD) is a work permit issued by USCIS that proves an individual's right to work in the United States.
USCIS Director Ur M. Jaddou said:
"As USCIS works to address the pending EAD caseloads, the agency has determined that the current 180-day automatic extension for employment authorisation is currently insufficient. This temporary rule will provide those non-citizens, otherwise eligible for the automatic extension, an opportunity to maintain employment."
How To Apply For The Work Permit Extension
The automatic 540-day ( 1 1/2 years) extension of their work permit applies to non-citizens who have submitted an EAD renewal application whose 180-day extension has already lapsed, and those who have a valid EAD on May 4, 2022, or who file an EAD renewal application before October 27, 2023, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.
The automatic extension ends either when the applicant is notified of a final decision on the renewal application or at the end of the 540-day period, whichever comes earlier. The new policy will help as many as 4,20,000 immigrants who need to renew their work permits and protect them from losing their ability to work in the United States.
This Temporary Final Rule will expire on October 15, 2025, and the automatic extensions of EADs will return to the former rule of an automatic 180-day extension.
Canadians Working in the United States
There are many opportunities for Canadians who want to work in the United States.
- Canadian professionals who have a bachelor's or master's degree in a specialized field can be sponsored for an H-1B visa by a U.S. employer. H-1B visas are granted in 3-year increments for a maximum period of 6 years.
- If you have a Bachelor's degree or higher, or if you are a professional or specialist in a particular field, you may be eligible for a TN visa as a professional under the United States-Mexico-Canada Agreement (USMCA, formerly NAFTA).
- L-1 intracompany transfers are available for Canadians with special knowledge who presently work for a company that has operations in the United States or opening a new location in the U.S.
Are You A Canadian Who Wants to Work In The United States?
There are many options available to Canadian citizens who want to work in the U.S. Depending on the visa option, and there is a great deal of documentation required from both the employer and employee, and a qualified immigration professional can provide guidance and advice to help you achieve your personal and professional goals.
Contact us today at (403) 452-9515 or email us directly.
