USCIS Extends Maximum Validity Period for Certain EADs

The U.S. Citizenship and Immigration Services (USCIS) recently announced that, effective immediately, the maximum validity period of certain categories of employment authorization documents (EADs) will increase from one or two years to five years. This procedural change should help to reduce burdens on applicants and alleviate USCIS backlogs.

Key Points of the Announcement

• The maximum validity for initial and renewal EADs for noncitizens with pending applications for adjustment of status under INA 245, and noncitizens with pending applications for asylum or withholding of removal will increase from two years to five years.
• The maximum validity for EADs issued to noncitizens seeking suspension of deportation or cancellation of removal will increase from one year to five years.
• The maximum validity 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, or granted asylum, as well as recipients of withholding of removal, will increase to five years.
• This guidance applies to applications pending or filed on or after September 27, 2023. EADs issued prior to this date will not be affected by the new policy.

Conclusion

This is a welcome change as applicants eligible under this new policy will not need to apply for renewal of EADs as frequently. Noticeably absent from the list are H-4 EADs, which will continue to be limited in duration to the applicant’s H-4 status. However, the USCIS has stated that the subsequent reduction in the number of EAD renewal applications should help reduce backlogs and processing times.

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