USCIS Increases the Validity Period of Employment Authorization Documents for Certain Categories

September 29, 2023

On September 27, 2023, U.S. Citizenship and Immigration Services (“USCIS”) announced that it was updating its policy guidance regarding Employment Authorization Documents (“EADs”) 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.

Under the prior policy, EADs issued to those admitted as refugees, granted asylum, or granted withholding of deportation or removal had a maximum validity period of two years. Additionally, EADs for those with pending applications for asylum or withholding of removal, and noncitizens with pending applications for adjustment of status under INA 245 also had a maximum validity period of two years. Furthermore, EADs issued to those paroled as refugees and those with pending applications for suspension of deportation or cancellation of removal had a maximum validity period of one year.

Under the new policy guidance, USCIS has increased the maximum EAD validity period for these categories to five years. This new policy, which applies to both initial and renewal EADs, is designed to significantly reduce the number of EAD renewal applications that they receive in the coming years and is expected to help reduce processing times and backlogs.

---