Immigration Update: USCIS Extends Maximum Validity Periods for EADs in Certain Categories

The USCIS updated its policy guidance increasing the maximum validity periods for EADs to five years for initial and renewal EADs for certain noncitizens who are employment authorized incident to status or circumstance. This includes including those admitted as refugees, paroled as refugees, and granted asylum, and recipients of withholding of removal.

Currently, USCIS policy guidance states only a maximum 2-year validity period for EADs issued to asylees, refugees, noncitizens granted withholding, noncitizens with pending asylum applications, and noncitizens with pending applications for AOS. This is in the interest of reducing the burden on USCIS and the public in constant renewals, and therefore USCIS is revising its guidelines to increase maximum EAD validity periods for up to 5 years for these categories. This is an example of USCIS utilizing the public and stakeholder feedback which suggested that USCIS increase its maximum EAD validity period for certain applicants. The increase in the EAD validity period will reduce the frequency that noncitizens must file for an EAD renewal when applicable.

This guidance, contained in the policy manual is effective immediately.

This is applicable to Employment Authorization (Form I-765) that are pending or are filed on or after September 27, 2023.

EADs issued before 09/27/2023 are not affected. USCIS will continue to issue replacement EADs with the same validity periods as the original EAD.

We are also seeing that USCIS has begun issuing advance parole documents to applicants valid for five years. This means that USCIS is viewing noncitizens eligible for the five-year EAD, to potentially be eligible for a five-year AP as well, and thereby reducing the number of times an applicant needs to apply for an I-131 AP as well.

Reach out to our office if you have any questions on applying for the five-year EAD/AP.