USCIS is updating guidance in its Policy Manual to increase the maximum available validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain categories. The validity period extension was first announced by DHS in a fact sheet, along with other changes, on September 20, 2023, with an effective date of October 1, 2023.
Key Changes & Considerations
- USCIS is increasing the maximum available validity period to 5 years for initial and renewal EADs for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.
- USCIS is increasing the maximum available validity period from 2 years to 5 years for initial and renewal EADs for noncitizens with pending applications for asylum or withholding of removal and noncitizens with pending applications for adjustment of status under INA 245, and from 1 year to 5 years for EADs issued to noncitizens seeking suspension of deportation or cancellation of removal.
- The policy further explains the categories of noncitizens who are employment authorized incident to status or circumstance and lists the categories of noncitizens who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification.
- The policy also clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole.
- Whether the noncitizen maintains employment authorization is dependent on their underlying status, circumstances, and EAD filing category.
The Impact
Increasing the maximum EAD validity period to 5 years is intended to significantly reduce the number of new Forms I-765, Application for Employment Authorization, USCIS receives for renewal EADs over the next several years, contributing to our efforts to reduce associated processing times and backlogs.
Erickson Insights
For additional information on EADs, please visit the Employment Authorization Document webpage. The public can visit the Policy Manual Feedback page to provide feedback on this update.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.