February 07, 2022

USCIS Updates Guidelines on Maximum Validity Periods for New Employment Authorization Documents for Certain Applicants

U.S. Citizenship and Immigration Services today published updated policy guidance to change the maximum validity period that may be granted for Employment Authorization Documents (EADs) issued to certain applicants, as well as to provide general guidance on adjudicating Form I-765, Application for Employment Authorization.

Starting today, USCIS will generally grant new and renewed EADs that are valid for two years to applicants in the following categories:
– Admitted as a refugee (a)(3);
– Granted asylum (a)(5);
– Granted withholding of deportation or removal (a)(10); and
– VAWA self-petitioner (c)(31).

Additionally, USCIS will generally grant new and renewed EADs up to the end of the parole or deferred action period to applicants in the following categories:
– Paroled into the United States for urgent humanitarian reasons or significant public benefit (c)(11); and
– Granted deferred action (non-DACA) (c)(14).

Increasing the maximum validity period that may be provided on EADs for these categories will help ease processing backlogs by reducing the frequency and number of times these applicants must renew their EADs and will help prevent gaps in employment authorization and documentation.

This policy update is effective immediately. Therefore, new and renewed EADs issued for impacted categories on or after Feb. 7, 2022, will reflect the updated validity periods. EADs issued before Feb. 7, 2022, are not affected. USCIS will continue to issue replacement EADs with the same validity date as the original EAD.

This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances.  For a comprehensive evaluation of your immigration situation and options, you are invited to call us at 214-494-8033 or complete our contact form.