The United States Citizenship and Immigration Services (“USCIS”) is updating its Policy Manual  regarding maximum validity for Employment Authorization Documents (“EAD”) issued to certain non-U.S. citizens.

Non-U.S. citizens (i.e. those in the United States without Green Cards) must have employment authorization in order to work legally inside the United States. While certain categories of non-U.S. citizens are authorized to engage in employment based on their nonimmigrant visa classification (i.e. H-1B, L-1 Intracompany Transferees, E-1/ E-2 Treaty Trader or Investor. etc.), other non-U.S. citizens such as B-1 Domestic Employees must apply and be approved by USCIS for an EAD in order to accept lawful employment.

Currently, USCIS provides a maximum 2-year validity for EAD’s issued to the following non-U.S. citizen categories:

  • Asylees and Refugees;
  • Non-U.S. citizens who have been granted withholding of deportation or removal;
  • Non-U.S. citizens with pending adjustment of status applications under INA 245;

The USCIS issues a maximum 1-year validity period for an EAD issued to non-U.S. citizens paroled as refugees and those seeking the suspension of deportation or cancellation of removal.

In the interest of easing the burden on the public and USCIS, the policy guidelines are undergoing revision which increase the maximum EAD validity for these non-U.S. citizen categories to up to five (5) years.


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