Key Points
- USCIS has increased the maximum validity period to five years for some EADs
- The maximum validity period was previously one year for noncitizens seeking suspension of deportation or cancellation of removal
- The maximum validity period was previously two years for initial and renewal EADs issued to noncitizens employment authorized incident to status, as well as applicants in other categories
- These changes apply to applications filed on or after September 27, 2023
Overview
On September 27, 2023, US Citizenship and Immigration Services (USCIS) increased the maximum validity period of certain Employment Authorization Documents (EADs) to five years.
USCIS recently increased the maximum validity of certain EADs to five years. Previously, EADs had a maximum validity of one to two years, depending on the type. USCIS has extended the maximum validity for EADs that have been issued to noncitizens who are seeking cancellation of removal or suspension of deportation. Additionally, USCIS is increasing the maximum validity of EADs for initial and renewal documents issued to noncitizens who must apply for employment authorization, including those with a pending Adjustment of Status under INA 245 and applicants for asylum or withholding of removal. The new extended timeframe would also apply to individuals who were admitted or paroled as refugees, along with those granted asylum. These changes only apply to applications filed on September 27, 2023, or later.
Looking Ahead
By increasing the maximum EAD validity period from two to five years, USCIS will reduce the number of Forms I-765, Application for Employment Authorization, that it receives for renewal EADs in the next few years. By processing fewer I-765 documents, USCIS hopes to reduce backlogs and processing times.
Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Source: US Citizenship and Immigration Services (USCIS)
