USCIS Increases Validity Period for certain Employment Authorization Documents to 5 Years
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The United States Citizenship and Immigration Services (USCIS) is updating guidance in its Policy Manual to extend the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain categories.
Key changes:
- USCIS is extending the maximum available validity period for initial and renewal EADs from 2 years to 5 years. This applies to non-citizens with pending adjustment of status applications under INA 245, as well as non-citizens with pending applications for asylum or withholding of removal.
- It is also increasing the maximum validity period from 1 year to 5 years for EADs issued to non-citizens seeking suspension of deportation or cancellation of removal.
- In addition, USCIS is also increasing the maximum validity period to 5 years for initial and renewal EADs for certain non citizens who are employment authorized incident status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, and recipients of withholding of removal.
- The policy also explains 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.
These changes will apply to applications pending or filed on or after September 27, 2023. EADs issued before that date are not affected by these adjustments.