Washington, D.C., September 27, 2022: U.S. Citizenship and Immigration Services yesterday updated the guidance in the Policy Manual to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs). The change applies to both initial and renewal EAD applications in the affected categories and is in effect for Forms I-765 that are pending on or filed on or after September 27, 2023.

The updated guidance also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. The Form I-94 must be accompanied by identity documentation for purposes of employment authorization. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole.

The new policy covers a wide range of EAD applicants. Those with pending adjustment of status applications who apply and qualify for an adjustment-based EAD – including employment- and family-based adjustment applicants – will receive a maximum five-year EAD validity period under the new policy, up from a two-year maximum validity under the prior policy. It should be noted that all EB-5 investors who are applying for concurrent adjustment of status under the Immigration Nationality Act INA 245 will benefit from this updated policy and will receive an initial EAD card for 5 years as opposed to 2 years.

Increasing the maximum EAD validity period to 5 years is intended to significantly reduce the number of new Forms I-765, Application for Employment Authorization, we receive for renewal EADs over the next several years, contributing to our efforts to reduce associated processing times and backlogs.

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