USCIS Increases Validity Period for Certain Employment Authorization Documents (EADs) to 5 Years

Published: 09/29/2023

Introduction

On September 27, U.S. Citizenship and Immigration Services (USCIS) updated guidance in its Policy Manual to extend the maximum validity period for certain categories of Employment Authorization Documents (EADs) to 5 years. This extension applies to both initial and renewal EADs and is aimed at reducing processing times and backlogs.

Summary

The extended duration, as outlined in the revised Policy Manual, encompasses individuals who possess employment authorization as a result of their immigration status or being paroled into the U.S., including refugees, refugees on parole, and those who have been granted asylum. Similarly, the extended validity period also applies to asylum seekers, individuals pursuing withholding of removal, those undergoing adjustment of status, and individuals involved in suspension of deportation or cancellation of removal proceedings.

The guidance further clarifies how Form I-94 may be used as evidence of both an individual’s immigration status and employment authorization for certain EAD categories that are employment authorized incident to status or parole. The update also provides information how certain Afghan and Ukrainian parolees are work authorized incident to parole.

This policy change is effective immediately and is expected to reduce the need for individuals to submit new Forms I-765, Application for Employment Authorization, for EAD renewals, ultimately streamlining the process and minimizing processing times.

For more details on this Policy Alert, please visit this USCIS website.

Conclusion             

For any questions or assistance regarding this article, contact your trusted Chugh, LLP immigration professional. 

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