The maximum period of validity for Employment Authorization Documents (EADs) for qualifying individuals is extended to 5 years, per USCIS. Individuals admitted to the U.S. as refugees, paroled as refugees, those granted asylum, and individuals who received withholding of removal are eligible. The increased maximum validity period is for initial and renewal EADs.

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

The revised guidelines also detail the categories of noncitizens who are automatically granted permission to work. Additionally, the guidelines provide more comprehensive information 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 essential to note that the Form I-94 must be accompanied by identity documentation for employment authorization purposes. Furthermore, these guidelines clarify that specific Afghan and Ukrainian parolees possess employment eligibility incident to their parole status.

The extension of the maximum validity period for EADs to 5 years is a strategic move aimed at significantly reducing the volume of new Forms I-765, Application for Employment Authorization, that are anticipated for EAD renewals over the coming years. This adjustment is meant to address ongoing processing delays and backlogs. However, it’s crucial to understand that the maintenance of employment authorization still hinges on the individual’s underlying immigration status, specific circumstances, and the category under which they filed for their EAD.

If you have questions about the EAD extension or any other immigration-related issue, contact us at ILBSG. We work with our clients in their particular situations to ensure they get the right advice.

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