Employment Authorization Document Validity Period for Certain Categories
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding maximum validity periods for Employment Authorization Documents (EADs, Form I-766) issued to refugees and asylees, noncitizens paroled as refugees, noncitizens granted withholding of removal, noncitizens with pending applications for asylum or withholding of removal, noncitizens with pending applications for adjustment of status under INA 245, and noncitizens seeking suspension of deportation or cancellation of removal. USCIS is also clarifying that the Arrival/Departure Record (Form I-94) may be used as evidence of both status and employment authorization for certain EAD categories that are employment authorized incident to status or parole.
Effective date and application
This guidance, contained in Volumes 3 and 10 of the Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding maximum validity periods for Employment Authorization Documents (EADs, Form I-766) issued to refugees and asylees, noncitizens paroled as refugees, noncitizens granted withholding of removal, noncitizens with pending applications for asylum or withholding of removal, noncitizens with pending applications for adjustment of status under INA 245, and noncitizens seeking suspension of deportation or cancellation of removal. USCIS is also clarifying that the Arrival/Departure Record (Form I-94) may be used as evidence of both status and employment authorization for certain EAD categories that are employment authorized incident to status or parole.
- Updates the maximum validity period for initial and renewal EADs from 2 years to 5 years for those admitted as refugees,7 granted asylum,8 and granted withholding of deportation or removal.9
- Updates the maximum validity period for initial and renewal EADs from 2 years to 5 years for those with pending applications for asylum or withholding of removal10 and those with pending applications for adjustment of status under INA 245.11
- Updates the maximum validity period for initial and renewal EADs from 1 year to 5 years for those with pending applications for suspension of deportation or cancellation of removal.12
- Updates the maximum validity period for initial and renewal EADs from 1 year to the end date of the authorized parole period, not to exceed 5 years, for those paroled as refugees.13
- Lists the categories of noncitizens with employment authorization incident to status whose Form I-94 is evidence of employment authorization as well as of their immigration status.
- Explains that certain Afghan parolees and certain Ukrainian parolees are employment authorized incident to their parole.
