Backlogs and Work Gaps Loom as Processing Delays Persist
The policy change could leave some immigrants without valid work authorization if renewal applications take too long to process. Renewal requests may only be filed six months before expiration, but with persistent backlogs, many applicants already face processing delays that stretch beyond that period.
Prior to 2016, U.S. Citizenship and Immigration Services (USCIS) issued interim work permits if renewals weren’t completed in time. That system was replaced with an automatic 180-day extension, which the Biden administration later expanded to 540 days in response to employer complaints about operational uncertainty and renewal delays.
Now, DHS insists that system must be dismantled in favor of stricter oversight.
DHS Cites National Security Cases and Border Pressures
The rule directly blames the Biden administration’s border policies for creating “a historically high influx” of work authorization applications — more than 3 million, according to DHS. The agency pointed to expanded TPS designations and parole programs for nationals of Afghanistan, Cuba, Haiti, Nicaragua, Ukraine, and Venezuela, who were granted temporary entry and work authorization for two years.
DHS also cited the high-profile case of Mohamed Sabry Soliman, an Egyptian national accused of throwing Molotov cocktails at demonstrators in Boulder, Colorado. Soliman, DHS said, had entered the U.S. in 2022, overstayed his visa, and obtained a work permit tied to a pending asylum claim that was automatically extended for 540 days.
“Granting benefits without proper vetting and full adjudication is contrary to the mission of DHS and poses a threat to the safety and security of the American people,” the interim final rule declared.
