On September 27, 2023, the United States Citizenship and Immigration Services (USCIS) increased the validity period of initial and renewal Employment Authorization Documents (EADs) for certain noncitizens from two years to five years.
This increase in the EAD validity period to five years applies to the following categories:
- Applicants seeking to adjust status under section 245 of the Immigration and Nationality Act (INA);
- Asylees and refugees;
- Noncitizens approved for the withholding of deportation or removal;
- Noncitizens with a pending application for asylum or withholding of removal; and
- Applicants seeking the suspension of deportation or cancellation of removal.
Additionally, the USCIS increased the validity period of EADs for individuals paroled as refugees from one year to the end date of their approved parole period, which cannot be more than five years. Certain Afghan and Ukranian individuals approved for parole are also allowed to work until the end of their parole period, but not for more than five years.
USCIS also clarifies that certain noncitizens who are approved to work due to their immigration status but do not hold an EAD may use their Arrival/Departure Record (Form I-94) as proof of both their work authorization and immigration status. This applies to the below noncitizens:
- Asylees;
- K-3 or K-4 nonimmigrants;
- T-1 nonimmigrants;
- Spouses of principal E nonimmigrants;
- Spouses of L-1 nonimmigrants; and
- Victims of qualifying crime and certain qualifying family members.
These changes were made to reduce the processing times and backlogs for employment authorization applications since it will reduce how often individuals need to file the I-765, Application for Employment Authorization to renew their EAD, allowing eligible noncitizens to keep working for a longer period of time.
If you have any questions regarding the increased EAD validity period, eligibility for an EAD or the application process, or any other immigration matter, please do not hesitate to contact KILO Immigration by filling out this contact form.