Increase in Employment Authorization Document Validity for Particular Categories

On September 27, 2023, USCIS issued revised guidelines in its Policy Manual, intending to extend the maximum validity periods for initial and renewed Employment Authorization Documents (EADs) for specific noncitizens. Under this new directive, the maximum validity period for EADs is now extended to 5 years for individuals who have received employment authorization as a result of their status in the following categories:

Admitted as a refugee, (a)(3)

Paroled as a refugee, (a)(4)

Granted asylum, (a)(5)

Citizens of Micronesia, the Marshall Islands, or Palau, (a)(8)

Granted withholding of deportation or removal, (a)(10)

It’s important to note that this extension does not affect the maximum employment authorization period for spouses of E or L visa holders. These spouses can still apply for an EAD for the duration of their visa status, as established in earlier USCIS guidance issued on March 18, 2022. Furthermore, they can use their Form I-94 admission record to demonstrate their employment authorization, which is linked to their status, and are not required to apply for a separate EAD.

The updated USCIS guidance also expands the validity of EADs for noncitizens who are required to apply for employment authorization, including those who have:

A pending application for asylum or withholding of deportation or removal, (c)(8)

A pending application for adjustment of status under INA 245, (c)(9)

A pending application for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA), (c)(10)

CNMI long-term residents, (c)(37)

By extending the maximum EAD validity to 5 years, USCIS aims to significantly reduce the volume of new EAD applications it receives in the coming years. This, in turn, is expected to help alleviate processing times and reduce existing backlogs.

It is advisable to consult with a Pryor Cashman attorney for additional guidance on topics such as ESTA registration, the Diversity Visa program, I-9 compliance, E