U.S. Citizenship and Immigration Services (USCIS) is extending the validity period for certain categories of  immigrants eligible to receive Employment Authorization Documents (EADs). Immigrants such as those  who currently hold refugee or asylee status and those granted withholding of removal, among others,  can now receive EADs valid for five years for initial and renewal filings. This change comes after the  agency has struggled to timely approve EAD renewal applications even after granting automatic  extensions for certain individuals of 540 days.  

Immigrants seeking EADs currently applying for asylum, withholding of removal, and adjustment of  status under INA 245 will benefit from an increased validity period of their initial applications with a  change from two to four years. Those seeking suspension of deportation or cancellation of removal will  see their validity period increase from one to five years.  

The guidance also outlines those immigrants who automatically obtain work authorization due to their  status and defines those able to present Form I-94, Arrival/Departure Record, as proof of authorization  for employment on Form I-9, Employment Eligibility Verification. In addition, eligible Afghan and  Ukrainian parolees are now authorized for employment once paroled into the United States. 

Increasing the validity period of EADs will allow USCIS to address their growing backlog and relieve  immigrants of prolonged wait times for renewal of their employment authorization and subsequent  potential loss of employment. However, this policy is applicable only to immigrants under certain  classifications. Moreover, an EAD issued to an immigrant who subsequently loses their status or is denied  a certain immigrant or nonimmigrant benefit may lose employment authorization before the expiration  date that appears on the document.  

Should you have any questions about USCIS’ new guidance regarding the extension of EAD validity  periods, please contact Green and Spiegel at (215) 395-8959 or Stephen Antwine at santwine@gands.


  • Stephen Antwine

    Stephen has been practicing immigration law exclusively for over twelve years. During that time he has developed extensive experience in federal litigation, deportation defense and family-based immigration.

Recent Posts


Pin It on Pinterest

Share This