On June 9, 2021, the United States Citizenship and Immigration Services (USCIS) issued a decision extending the validity of certain Employment Authorization Documents (EADs). When nonimmigrants file a request to adjust their status to that of a Legal Permanent Resident (LPR) USCIS allows them to apply for an EAD. The EAD grants the nonimmigrant a right to work in the United States, while waiting for the processing of their adjustment of status (AOS) request.
Typically the EAD is valid for one year. However, due to the high number of requests and the long wait time for an AOS, USCIS decided to extend the validity period of an EAD for two years. This guidance only applies to initial and renewal EAD applications. Requests for replacement EADs, due to a card being lost, stolen, destroyed, or having an error, will not be valid for two years but will retain the validity dates of the originally issued EAD.
To adjust one’s status from that of a nonimmigrant to a LPR, use the Form I-485, Application to Register Permanent Residence or Adjust Status. To request an EAD, a nonimmigrant would have to file the Form I-765, Application for Employment Authorization, along with the I-485.
If you have any questions, please do not hesitate to contact our Sacramento immigration law firm.