New USCIS regulation to extend validity of EAD

04 August 2004

In an effort to improve customer support and save millions of dollars, the United States Citizenship and Immigration Services (USCIS) began on Aug. 4 authorizing examiners to issue Employment Authorization Documents (EADs) for periods of more than one year.

EADs are used for a variety of purposes, but one of the major uses is to provide interim work authorization for people waiting on permanent residency adjustment of status applications, which can take several years to complete. It is not unusual for applicants to have to renew the one year document several times.

Beginning Aug. 4, the USCIS began issuing EADs for periods longer (and sometimes shorter) than one year. Four major criteria will determine how long USCIS will issue an EAD card, and they are:

• The applicant's immigration status
• The general processing time for the underlying application or petition
• Required background checks and processing times for background checks by other agencies
• Other security concerns

There are no set validity periods listed in the new rule except as it pertains to asylum seekers. Asylum seekers will be receiving five year employment authorization documents. This will help address a problem that many have had proving their ability to work. This will largely cover them until they are eligible for green cards.

The USCIS will issue field guidance to standardize how EAD validity lengths will be determined. In some cases, such as EADs issued to students as part of Optional Practical Training, the validity times are limited by statute.

The USCIS also noted that validity times could get shorter as the Bureau of Citizenship and Immigration Services (BCIS) approaches its goal of six month maximum processing times on all cases.