Extended Validity for EADs in Specific Categories
On September 27th, 2023, USCIS announced a significant policy update, reflecting an increase in the maximum validity period to 5 years for initial and renewed Employment Authorization Documents (EADs) for various nonimmigrant categories. This includes refugees, asylees, and those with withholding of removal.
The policy also extends the period to 5 years for noncitizens who must apply for authorization, such as asylum applicants, withholding of removal, adjustment of status under INA 245, or suspension of deportation or cancellation of removal. The notice also provides clarity on which categories of noncitizens can present their I-94 as employment authorization to prospective employers.
Furthermore, the notice clarifies that certain Afghan and Ukrainian parolees are automatically authorized, also known as “employment authorized incident to parole.” This policy change aims to reduce the number of I-765 Employment Authorization applications, ultimately leading to improved processing times and backlog clearance. If you have questions about your employment authorization or this new policy, it’s advisable to consult an immigration expert.
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