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The U.S. Department of Homeland Security’s recently published interim final rule ending automatic extensions of employment authorization documents for certain categories of foreign-born workers will exacerbate an existing labor shortage in manufacturing, the NAM told U.S. Citizenship and Immigration Services this week.

What’s going on: “Manufacturers are concerned that the IFR will negatively affect the stability of their workforce and the smooth continuity of their business operations,” NAM Senior Director of Technology Policy Franck Journoud and NAM Vice President of Domestic Policy Jake Kuhns said on Monday.

• Manufacturing in the U.S. faces a worker shortage of more than 400,000, a number expected to climb to 1.9 million by 2033 if not addressed.
• USCIS published the rule in late October, and it went in effect immediately.
• Previously, EAD renewals filed in a timely manner allowed applicants to continue working for up to 540 days while the application was pending.

Who’s affected: The interim rule applies to many EAD categories, including:

• C09: Those awaiting processing of their green card applications;
• C26: H-4 visa holders (i.e., spouses of H-1B visa holders);
• A18: Spouses of L-1 visa holders; and
• A05/C08, A12/C19 and C31: Asylees, Temporary Protected Status beneficiaries and Violence Against Women Act self-petitioners.

What should be done instead: Rather than halt the auto extensions, a move that will result in layoffs at manufacturing companies, DHS should “address the root cause of the problem—the excessive length of time it takes USCIS to process applications for EAD renewals—by continuing to significantly increase the administrative capacity of USCIS,” the NAM said.

• Instead of the interim rule, the agency should aim to “drastically reduce” EAD processing times, ultimately adjudicating EADs within 90 days, the NAM told the agency.