What’s Happening
USCIS increased the maximum validity period for initial and renewal Employment Authorization Documents (EADs) to 5 years for certain categories. The USCIS Policy Manual includes a complete list of the categories whose EAD validity period increased to 5 years.
USCIS also updated its guidance in the Policy Manual to explain the categories of noncitizens who are automatically authorized to work incident to status, and to clarify when presenting a Form I-94 accompanied by identity documentation to an employer is sufficient to show employment authorization for Form I-9 purposes.
Who does the 5-year validity period apply to?
The extension applies to certain noncitizens who are authorized to work incident to status or circumstance, including those who are admitted as refugees, paroled as refugees, granted asylum, or recipients of withholding of removal.
The extension also applies to certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status, and suspension of deportation or cancellation of removal.
Please note that maintaining employment authorization remains dependent on underlying status, circumstances, and EAD filing category, and a noncitizen’s employment authorization may be terminated before the expiration date listed on their EAD.
Please note that the above is for informational purposes and does not constitute legal advice. For specific questions about how an increased maximum EAD validity period may apply to your circumstances, please contact your team at D&S.
UPDATE (10.19.2023) - USCIS has confirmed that individuals eligible for 5 year EAD cards will also be eligible for Advance Parole (AP) travel authorization with an extended 5 year validity period. This includes AP issued as part of a EAD/AP Combo Card and separate, stand-alone AP documents. USCIS has stated that they are doing this in an effort to reduce the number of times an applicant may need to submit a Form I-131 Application for Advance Parole Travel Permission.