U.S. Citizenship and Immigration Services (USCIS) announced that it is increasing the maximum validity period for Employment Authorization Documents (EADs) to five years for certain categories of noncitizens. This change applies to both initial and renewal EAD applications and is effective for Forms I-765 that are pending on or filed on or after September 27, 2023.
The following categories of noncitizens are eligible for five-year EADs:
- Refugees
- Parolees as refugees
- Asylees
- Recipients of withholding of removal
- Certain noncitizens who are employment-authorized incident to status or circumstance, such as those with pending adjustment of status applications
- Certain noncitizens who must apply for employment authorization, such as applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal
Previously, the maximum validity period for EADs in these categories was two years. USCIS has stated that it increased the validity period to five years in order to reduce the burden on both USCIS and the public, and to align the validity period of EADs with the validity period of the underlying immigration status or circumstance for many of these categories.
The increase in EAD validity period is a welcome change for noncitizens in these categories, as it will reduce the frequency with which they need to file for EAD renewal. This can save time and money, and can also help to reduce stress and anxiety.
If you are a noncitizen who is eligible for a five-year EAD, you can file Form I-765 to apply for initial or renewal of your EAD. You can find more information about EADs and how to apply on the USCIS website.