USCIS is updating guidance in the Policy Manual to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.
USCIS is also increasing the maximum validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal.
The updated guidance also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. The Form I-94 must be accompanied by identity documentation for purposes of employment authorization. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment-authorised incident to parole.
Increasing the maximum EAD validity period to 5 years is intended to significantly reduce the number of new Forms I-765, Application for Employment Authorization, USCIS receives for renewal EADs over the next several years, contributing to USCIS’s efforts to reduce associated processing times and backlogs. However, whether you maintain employment authorization remains dependent on your underlying status, circumstances, and EAD filing category. For example, if you received an EAD under the (c)(9) category based on a pending adjustment of status application for the maximum validity period of 5 years, and your adjustment application is then denied, your ancillary employment authorization may be terminated before the expiration date listed on your EAD.
Source : USCIS Increases Employment Authorization Document Validity Period for Certain Categories | USCIS
