U.S. Citizenship and Immigration Services has increased the maximum validity period for certain Employment Authorization Documents to five years.

Key Points:

  • Effective immediately, USCIS is increasing the maximum available validity period from two years to five years 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.
  • The agency is increasing the maximum validity period from one year to five years for EADs issued to noncitizens seeking suspension of deportation or cancellation of removal.
  • It is also increasing the maximum validity period to five 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 or granted asylum, as well as recipients of withholding of removal.
  • These changes will apply to applications pending or filed on or after Sept. 27, 2023. EADs issued before that date are not affected by this change.

Additional Information: The Biden administration announced this change as part of a package of immigration changes last week. USCIS updated guidance in its Policy Manual and provided additional details this week. The updated guidance also provides information on the categories of noncitizens who are automatically authorized to work (employment authorized incident to status or circumstance) and clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole.

‌BAL Analysis: The change is a welcome development that means some foreign nationals will not have to renew EADs as often. USCIS also said the change would "significantly reduce" the number of employment authorization applications it receives and contribute to the agency's efforts to "reduce associated processing times and backlogs."

This alert has been provided by the BAL U.S. Practice Group.

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