Thursday, September 28, 2023


The USCIS updated its policy manual, regarding employment authorization documents (EADs), on September 27, 2023. The USCIS has increased the maximum validity period for EADs issued in many categories.

USCIS updated the maximum validity period for initial and renewed EADs to five years for the following categories: pending employment-based applications for adjustment of status (green card), refugees, granted asylum, granted withholding of deportation or removal, pending application for asylum or withholding of removal, and pending application for suspension of deportation or cancellation of removal.

USCIS updated the maximum validity period for initial and renewed EADs from one year to the end date of the authorized parole period, not to exceed 5 years, for those paroled as refugees.

USCIS also updated its policy manual to clarify that the Form I-94 can be used as both evidence of status and employment authorization incident to status for the following: Asylees, spouses of US citizens or children of such spouses (K-3 and K-4), victims of severe forms of trafficking in persons (T-1), spouses of E nonimmigrants (E-1S, E-2S, E-3S) with limited exceptions, spouses of L nonimmigrants (L-2S), and victims of qualifying criminal activity (U-1) and certain qualifying family members (U-2, U-3, U-4, and U-5).

This guidance is effective immediately and applies to EAD applications pending or filed on or after September 27, 2023.

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