USCIS Increases Maximum Validity Period for Certain EADs

Last Updated on October 12, 2023

On Sept. 27, 2023, U.S. Citizenship and Immigration Services (USCIS) increased the maximum validity period of certain Employment Authorization Documents (EADs) to five years. 

Overview 

USCIS recently increased the maximum validity of certain EADs to five years. Previously, EADs had a maximum validity of one to two years. USCIS has extended the maximum validity from one year to five years for EADs that have been issued to noncitizens who are seeking cancellation of removal or suspension of deportation. Additionally, USCIS is increasing the maximum validity of EADs from two years to five years for initial and renewal EADs issued to noncitizens who are automatically authorized to work based on their status. That includes individuals who were admitted or paroled as refugees, along with those granted asylum. Withholding of removal recipients now have a five-year EAD maximum validity, too. Notably, applicants who apply for an EAD based on a pending green card application will also receive five-year validity periods for their initial and renewal applications. These changes apply to applications filed on Sept. 27, 2023, or later. The changes do not apply to applications filed before that date.  

Looking Ahead  

By increasing the maximum EAD validity period from two to five years, USCIS will reduce the number of Forms I-765, Application for Employment Authorization, that it receives for renewal EADs in the next few years. By processing fewer I-765 documents, USCIS hopes to reduce backlogs and processing times.  

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Envoy is pleased to provide you with this information, which was prepared in collaboration with Marco Satala and Peter Bade, Managing Attorney, at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”). 

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