USCIS announced an extension of the maximum validity period for Employment Authorization Documents (EADs) to 5 years for eligible individuals. This extension applies to both initial EADs and EAD renewals. The beneficiaries of this extension are individuals admitted to the U.S. as refugees, those paroled as refugees, individuals granted asylum, and those who have received withholding of removal.

Furthermore, USCIS is expanding the maximum validity period to 5 years for both initial and renewed EADs for specific noncitizens who are required to apply for employment authorization. This group includes individuals in specific categories, including those applying for asylum or withholding of removal, individuals seeking adjustment of status under INA 245, and those pursuing suspension of deportation or cancellation of removal.

The updated guidelines also provide detailed information about the categories of noncitizens who are automatically authorized to work. Additionally, the guidelines offer comprehensive guidance on which individuals can present a Form I-94, Arrival/Departure Record, to their employer as an acceptable document demonstrating their employment authorization within List C of Form I-9, Employment Eligibility Verification. It’s important to emphasize that the Form I-94 must be accompanied by identity documentation for employment authorization purposes. These guidelines also make it clear that certain Afghan and Ukrainian parolees possess employment authorization as a result of their parole status.

The decision to extend the maximum validity period for EADs to 5 years is a strategic step to try to reduce the influx of new Forms I-765, Application for Employment Authorization, expected for EAD renewals in the coming years. This adjustment is part of an effort to reduce ongoing processing delays and address backlog issues. However, it’s crucial to recognize that the continuation of employment authorization depends on the individual’s underlying immigration status, specific circumstances, and the category under which they applied for their EAD.

For any inquiries regarding the EAD extension or any other immigration-related matters, feel free to reach out to us. We are here to provide assistance and guidance on these important immigration updates and are with you every step of the way.