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Original Date Announced
July 21, 2020USCIS reduces its capacity to print lawful permanent resident (LPR) cards and employment authorization documents due to financial constraints after the agency's contract with the private company that had been printing these documents ended.
[ID #1141]
Ombudsman's Alert: Card Production Delays at USCISSubsequent Trump-Era and Court Action(s)
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August 21, 2020
2020.08.21 Consent Order and Final Statement in Subramanya v. USCIS
On August 21, 2020, the U.S. District Court for the Southern District of Ohio (Eastern Division) issued a Consent Order and Final Statement to address USCIS' delay in issuing EADs following approval of Form I-765 applications. Delays were tied to USCIS' reduced capacity to print LPR cards and EADs, as identified in this original policy entry.
The settlement resolving the class action law suit (Subramanya v. United States Citizenship and Immigration Services), required that USCIS expedite production of EADs for members of Sub-class 1 and Sub-class 2 on a strict schedule. USCIS also agreed to post a notice on its website notifying employers that a Form I-797 Approval Notice, with a notice date on or after December 1, 2019 through and including August 20, 2020, could be used as a valid List C document for Form I-9 Employment Eligibility Verification. The notice was effective through December 1, 2020.
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
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Biden Administration Action: Modified
May 4, 2022Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants
In order to ameliorate the impact of backlogs at USCIS, this temporary final rule extends for 540 days the validity of certain employment authorization documents (EADs) for those who have applied for renewal.
View DocumentBiden Administration Action: Modified
December 9, 2022Extension of Permanent Resident Card for Naturalization Applicants
The Biden Administration attempts to ameliorate the impact of the backlogs caused by this policy by amending the USCIS Policy Manual to enable a Form N-400 receipt notice to provide an automatic 24-month extension of a permanent residence card and serve as valid, unexpired evidence of permanent resident status, when presented with the expired card.
View DocumentBiden Administration Action: Modified
January 23, 2023USCIS Extends Green Card Validity for Conditional Permanent Residents
To further ameliorate this backlog, USCIS is extending the validity of Permanent Resident Cards (Green Cards) to 48 months beyond the card’s expiration date when a card holder files either a Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status).
View DocumentBiden Administration Action: Revoked/Replaced
January 30, 2023USCIS Redesigns Green Card and Employment Authorization Document
On January 30, 2023, USCIS announced new designs to improve the security of Permanent Resident Cards and Employment Authorization Documents (EADs). USCIS will begin issuing the redesigned cards on Jan. 30, 2023. Previously issued cards remain valid until their expiration date.
The new designs imply that USCIS has entered an agreement with a new contractor to print Green Cards and EADs, resolving the restriction initially indicated by the agency as limiting printing capacity.
View DocumentBiden Administration Action: Modified
April 8, 2024Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation
This Biden Administration action continues its efforts to reverse the policy identified in this entry.
Effective April 8, 2024, USCIS published a second temporary final rule to increase the automatic extension period applicable to expiring Employment Authorization Documents (Forms I–766 or EADs) for certain renewal applicants who have filed Form I–765. The automatic extension period will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs.
View DocumentCurrent Status
Not in effectMost Recent Action
April 8, 2024 Action: Modified Temporary Increase of the Automatic Extension Period of Employment Authorization and DocumentationMay 4, 2022Acted on by Biden Administration
December 9, 2022Acted on by Biden Administration
January 23, 2023Acted on by Biden Administration
January 30, 2023Acted on by Biden Administration
April 8, 2024Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Change in PracticeSubject Matter: Immigrant Visas Non-Immigrant VisasAgencies Affected: USCIS
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
- Biden Administration Action
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Biden Administration Action
Original Source:
Extension of Permanent Resident Card for Naturalization Applicants
- Biden Administration Action
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Biden Administration Action
Original Source:
USCIS Redesigns Green Card and Employment Authorization Document
- Biden Administration Action
Commentary
How the Trump administration is turning legal immigrants into undocumented ones - The Washington Post
Describing how USCIS scaled back the distribution of so-called "green cards" without notifying Congress.
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