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The Employment Authorization Document Validity Period for Some Categories Has Increased by USCIS

The maximum validity period for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal, has been increased to five years by U.S. Citizenship and Immigration Services (USCIS).

USCIS is also increasing the maximum available validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal.

The updated guidance provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification, and describes the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance). This instruction makes it clear that some Afghan and Ukrainian parolees are permitted to work after their release.

By extending the maximum EAD validity duration to 5 years, USCIS can drastically cut down on the quantity of new Forms I-765, Application for Employment Authorization, received in the coming years. This will help USCIS in attempting to cut down on processing delays and backlogs. The noncitizen’s underlying status, circumstances, and EAD filing type will still determine whether they are able to continue working. For instance, if a person receives an EAD under the (c)(9) category based on a pending adjustment of status application with a maximum validity period of five years, and the adjustment application is later denied, their ancillary employment authorization may be terminated prior to the expiration date specified on their EAD.

This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).