Previously, when an applicant requested both Employment Authorization Document (EAD) and Advance Parole (AP), U.S. Citizenship & Immigration Services (USCIS) issued a combination card that was used both for employment and travel authorization. The card was notated with “Serves As I-512 Advance Prole” at the bottom to indicate it can be used for traveling purposes as well as employment. This made it simple for clients to carry. However, our clients who have submitted EADs and APs together based on pending Adjustment of Status (AOS) applications are receiving approvals for EAD without the AP.

More recently, USCIS has changed its process and has been approving the EAD without AP noting at the bottom of the EAD card “Not valid for Reentry to U.S.” USCIS has not made an announcement regarding this change or confirmed whether this change has been intentional on their part. We theorize USCIS is aiming to clear the 740,569 EAD applications (for all types) backlog it reported to having to Congress. Although the lack of communication from USCIS regarding this change is troubling, it is a welcome change from the 18 to 24 months processing times for EAD we were seeing before.

The delay in processing advance parole requests will cause applicants to further delay their travel plans. It is important to note applicants who have Adjustment of Status application pending that travel without their advance parole are considered to have abandoned their AOS application unless they fall into the below visa holders’ exceptions:

  • Work visas like H1B and its dependent H4, L-1, and its dependent L2
  • K-3 spouse or a K-4 child of a US citizen
  • V-1 spouse or V-2, V-3 child of a green cardholder

USCIS will deny your AP application if you travel abroad while the application is still being processed. Traveling while having an AOS application pending can be complicated, with many unforeseen consequences to your travel. Therefore, it is imperative to first reach out to a competent immigration attorney before making any plans to travel abroad.

We continue to monitor the outcome our clients’ experience and leverage that knowledge for other clients, and can help you too. Our attorneys at ILBSG are readily available to ensure you get the right advice. ILBSG continues to monitor ongoing changes in USCIS processing EADs, AP, and AOS applications. If you have questions about your applications or any other immigration-related issue, contact us at ILBSG.

Advance Parole EAD Employment Authorization Documents