October 23, 2023

USCIS Extends Certain EAD Validity to Five Years

The United States Citizenship and Immigration Services (“USCIS”) is updating its Policy Manual regarding maximum validity for Employment Authorization Documents (“EAD”) issued to certain non-U.S. citizens.

Non-U.S. citizens (i.e. those in the United States without Green Cards) must have employment authorization in order to work legally inside the United States. While certain categories of non-U.S. citizens are authorized to engage in employment based on their nonimmigrant visa classification (i.e. H-1B, L-1 Intracompany Transferees, E-1/ E-2 Treaty Trader or Investor. etc.), other non-U.S. citizens such as B-1 Domestic Employees must apply and be approved by USCIS for an EAD in order to accept lawful employment.

Currently, USCIS provides a maximum 2-year validity for EAD’s issued to the following non-U.S. citizen categories:

Asylees and Refugees
Non-U.S. citizens who have been granted withholding of deportation or removal
Non-U.S. citizens with pending adjustment of status applications under INA 245.

The USCIS issues a maximum 1-year validity period for an EAD issued to non-U.S. citizens paroled as refugees and those seeking the suspension of deportation or cancellation of removal.

In the interest of easing the burden on the public and USCIS, the policy guidelines are undergoing revision which increase the maximum EAD validity for these non-U.S. citizen categories to up to five (5) years.

For more information, contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

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146C7 Nguyen Van Huong St, Thao Dien Ward,
District 2, Thu Duc City
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488
Email: info@enterlinepartners.com
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6801 Ayala Avenue

Makati City, Philippines 1226

Tel: +63 917 543 7926
Email: info@enterlinepartners.com
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Copyright 2023. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigrant Visa, Non-immigrant Visa

Tags: Employment Authorization Document (EAD), United States Citizenship and Immigration Services (USCIS), USCIS Policy

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USCIS Extends Certain EAD Validity to Five Years

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