Two-Year EADs for Certain I-485 Applicants Effective June 30, 2008
Posted Jun 20, 2008
©MurthyDotCom
The USCIS confirmed on June 12, 2008 its intent to commence issuance of two-year employment authorization documents (EADs) beginning June 30, 2008. The two-year EAD will be issued to an individual who applies for the EAD based on having a pending I-485 (Application for Adjustment of Status). One's eligibility is ascertained by whether there is a visa number available for the case, as determined by the priority date and the U.S. Department of State Visa Bulletin. The EAD is to be issued for two years ONLY, if the visa number is not available. Otherwise, a one-year EAD will be issued.
©MurthyDotCom
Approvals of Two-Year EADs Possible for Pre-June 30, 2008 Renewals
©MurthyDotCom
The two-year EADs should begin to appear a few weeks after the June 30, 2008 date set by the USCIS. Based on their FAQs (PDF 32.9KB) issued on the topic, it seems that the new policy will apply to any EAD application that is pending on or after June 30, 2008. This includes applications filed prior to June 30, but not processed until that date or after.
©MurthyDotCom
Visa Number Must be Unavailable at Time of EAD Adjudication
©MurthyDotCom
The FAQs also indicate that availability of the visa number will be measured as of the date the EAD application is adjudicated. Thus, if the EAD application is filed with the I-485 (as is common), the visa number would have to be available at the time of filing, as that is a requirement for the I-485. However, if the visa number were to become unavailable, due to changes in the dates in the Visa Bulletin in the several months it normally takes to process an EAD, the two-year EAD then would be granted for qualifying applicants.
©MurthyDotCom
Conclusion
©MurthyDotCom
The benefits afforded by two-year EADs are significant to the individual foreign nationals and their U.S. employers, as well as to the USCIS. Foreign nationals are now relieved of some of the stress of annual EAD renewal. For those who did not pay the increased I-485 filing fee (which includes unlimited EAD and Advance Parole renewals), there is also a significant cost savings. Employers benefit from not having to worry as much about the ability of their employees to work without interruption. The USCIS's time spent issuing EADs for so many people each year now will be reduced. This, hopefully, will allow them to reallocate resources to backlogged cases and other urgent matters. We at the Murthy Law Firm applaud this USCIS/DHS decision to begin issuing the two-year EADs, which was under consideration for years. We will apprise MurthyDotCom and MurthyBulletin readers of any important details when the two-year EADs start to arrive.