USCIS Increases Maximum EAD (and AP) Validity Period to Five Years

USCIS has announced (and already implemented) that certain work authorization documents (EAD) will be issued with validity of up to 5 years; a significant increase from the current 2-year maximum.   Similarly, advance parole documents (issued separately or together as part of a “combo” EAD/AP card) can also be issued with term of up to 5 years.

EADs Eligible for 5-Year Term Approvals; Advance Parole Applications Benefit Too

Under the new policy,  the validity period for initial and renewal EADs is increased from two to five years for EAD applicants based on pending I-485 adjustment of status, refugees, those who are granted asylum or withholding of deportation or removal.

USCIS makes additional changes to allow paroled refugees to obtain 5-year EAD and explains that certain Afghan and Ukrainian parolees are employment authorized incident to parole without needing a separate EAD.

While not explicitly mentioned in the USCIS policy change announcement, our office has observed that advance parole applications for I-485 adjustment of status applicants are also approved with a 5-year validity term, regardless of whether they are issued as a “combo EAD/AP card” or as a standalone advance parole.

We also wish to remind that I-485 EAD is only valid for as long as the underlying I-485 application remains pending.   If the I-485 application is denied, then the EAD may be considered invalid and any employment may be considered unauthorized.    On the other hand, once the I-485 is approved, the EAD is no longer valid for employment and the actual lawful permanent resident card should be used as an employment authorization document.    See our alert on what happens upon approval of the green card.

I-485 EAD Renewals Can Be Filed 180 Days Prior to Expiration

We also wish to remind I-485 applicants that EAD renewals can be filed 180 days prior to an existing EAD’s expiration date and we urge applying as early as possible.    This is especially important as the 540-day automatic employment authorization period will go back to 180 days for EADs filed after October 26, 2023.    See our alert on the temporary 540-day automatic work authorization period.

Conclusion

We welcome USCIS’s efforts to make make the lives of I-485 applicants easier by increasing the validity term of EADs.  Hopefully, this will also allow USCIS to improve and decrease delays and backlogs at many of its processing centers.

With this announcement, we are seeing increased interest in EAD filings and our office is ready to help I-485 applicants with their EAD (and AP) submissions.  Please do not hesitate to contact us if we can be of any assistance. We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.