United States Citizenship and Immigration Services (“USCIS”) announced on September 27, 2023, it is increasing the maximum validity for initial and renewal of Employment Authorization Documents (“EADs”) to 5 years for certain noncitizens. Applicants for initial and renewal EADs, including applicants for adjustment of status, in both employment and family based categories, will receive an EAD with a maximum five-year validity, as opposed to two-years. This change is being implemented by USCIS immediately, “and applies to Applications for Employment Authorization, that are pending or are filed on or after September 27, 2023.”
The increase of maximum validity to five years for initial and renewal EADs is also extended to applicants with pending applications for asylum or withholding of removal, and suspension of deportation or cancellation of removal; as well as those admitted as refugees, paroled as refugees, granted asylum, and recipients of withholding of removal. In connection with the announcement, USCIS’ updated Policy Manual guidance also outlines that certain Afghan parolees and Ukrainian parolees are “automatically authorized to work (also known as being employment authorized incident to status or circumstance).” The Service additionally elaborates 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”, noting that the I-94 must be accompanied by identity documentation for purposes of employment authorization.
These welcomed changes have been implemented in hopes of reducing the processing times and backlogs that have been consuming USCIS.
UPDATE November 8, 2023: USCIS has codified its decision to increase the maximum EAD validity period to five years for initial and renewal applications, approved on or after September 27, 2003 by updating its Policy Manual. Because EAD validity periods are determined on the basis of the eligibility category that is granted applicants, the category of applicants who will benefit from this increase in EAD validity to five years include:
Noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, granted asylum, and recipients of withholding of removal; and
Noncitizens who must apply for employment authorization, including applicants for adjustment of status, asylum and withholding of removal, and suspension of deportation or cancellation of removal.