USCIS’ Ongoing Delays in Processing H-1B Extensions Affecting Driving Permits

It is currently taking USCIS over five months to adjudicate regularly filed H-1B extensions. This is not yet causing a problem with the employees’ lawful presence and work authorization because H-1B workers are allowed to work and reside in the U.S. for 240 days beyond the expiration date of their I-94 pending the H-1B adjudication.   However, employees are facing problems renewing their driver’s license because the DMV won’t accept the H-1B receipt notice as evidence of lawful status to support the driver’s license extension.

On February 2016, the DHS Ombudsman’s Office hosted a teleconference to discuss solutions to this significant problem.  However, the problem continues unresolved.  We are recommending to employers and employees to file Premium Processing, if possible, to avoid the current dire H-1B extension situations.