NewsFlash : EADS To Extend Beyond One Year
Posted Jul 29, 2004
 ©MurthyDotCom
As of July 28, 2004, it is expected that an Interim Rule will shortly be published in the Federal Register establishing that Employment Authorization Documents (EADs) will be issued for a period of time exceeding one year in some cases. USCIS recognizes that, because the processing of I-485s and other underlying applications often takes longer than the maximum of one year allowed for the validity of the EAD under present regulations, it is a drain on its resources to process renewals for EADs every year.
 ©MurthyDotCom
Although we do not have the published rule as of today, it appears that the Interim Rule will not set a maximum for how long the EAD will be valid. The USCIS will have discretion to determine the validity period of the EAD. So, for example, some local USCIS offices may only grant the EAD for 6 months based on that office's I-485 estimated processing time, while another USCIS office may be able to grant the EAD for 2 years. The USCIS will consider the following factors in determining the timeframe for the validity of the EAD :

  • the applicant's immigration status

  • general processing time for the underlying application or petition

  • required background checks

  • response times for background checks by other agencies

  • and other security considerations.



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