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Extension of Maximum Validity Period to 5 Years for Certain Employment Authorization Documents (EADs)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateSeptember 27, 2023
CategoryEmployment authorization / administrative work permits
Policy toolRule change / validity extension
Affected groupAsylees, refugees, adjustment of status applicants, and withholding recipients

Policy effect

USCIS updated Volume 10 of the Policy Manual to increase the maximum validity period for initial and renewal Employment Authorization Documents (EADs, Form I-766) to 5 years for certain noncitizen categories. Covered categories include refugees, asylees, noncitizens granted withholding of removal, and noncitizens with pending applications for asylum, withholding of removal, adjustment of status under INA 245, or cancellation of removal.

Conditions and exceptions

Validated condition or limit: USCIS updated Volume 10 of the Policy Manual to increase the maximum validity period for initial and renewal Employment Authorization Documents (EADs, Form I-766) to 5 years for certain noncitizen categories.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… with pending applications for adjustment of status under INA 245; and a maximum 1-year validity period for noncitizens paroled as refugees and noncitizens seeking suspension of deportation or cancellation of removal. In the interest of reducing the burden on both USCIS and the public, USCIS is revising its guidelines to increase the maximum EAD validity periods for these categories up to 5 years. This update addresses certain EAD-related stakeholder feedback USCIS received in response to a Request for Public Input (RPI). 5 Specifically, the RPI feedback suggested increasing maximum EAD 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 removal 10 and those with pending applications for adjustment of status under INA 245. 11 5 See 86 FR 20398 (Apr. 19, 2021). 6 EADs issued before that date are not affected. USCIS will continue to issue replacement EADs with the same validity periods as the original EAD. Applicants file for a replacement EAD if their card has been lost, stolen, mutilated, or when the previously issued card contains erroneous information, such as a misspelled name. 7 See 8 CFR 274.12(a)(3). 8 See 8 CFR 274.12(a)(5). 9 See 8 CFR 274.12(a)(10). 10 See 8 CFR 274a.12(c)(8). 11 See 8 CFR 274a.12(c)(9). PA-2023-27: Employment Authorization Document Validity Period for Certain Categories Page: 3 • 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 …
U.S. Citizenship and Immigration ServicesU.S. Citizenship and Immigration Services, Policy Alert PA-2023-27, "Employment Authorization Document Validity Period for Certain Categories" (September 27, 2023).Open official source
Retrieved from https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230927-EmploymentAuthorizationValidity.pdf

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-ce36aa934bf35f0bcbb1. Something wrong? Flag this record.

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