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USCIS Extends Maximum Validity Period for Certain EADs

  • October 17, 2023
150 150 Murthy Immigration Services

The U.S. Citizenship and Immigration Services (USCIS) recently announced that effective immediately,  the maximum validity period of Employment Authorization Documents (EADs) will increase from one or two years under its prior policy to five years, for several work authorization categories. 

The following categories will benefit from this policy change of maximum validity for EADs:

  • For initial and renewal EADs for noncitizens with pending applications for adjustment of status under INA 245, and noncitizens with pending applications for asylum or withholding of removal, the validity will increase from two years to five years. 
  • Validity of EADs issued to noncitizens seeking suspension of deportation or cancellation of removal will increase from one year to five years. 
  • Initial and renewal EADs for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, or granted asylum, as well as recipients of withholding of removal, will increase to five years. 
  • This guidance applies to applications pending or filed on or after September 27, 2023. EADs issued prior to this date will not be affected by the new policy.

Conclusion

This is a welcome change as applicants eligible under this new policy will not have to apply for renewal of EADs as frequently. Additionally, USCIS has stated that the subsequent reduction in the number of EAD renewal applications should help reduce backlogs and processing times.