USCIS to Increase the Validity of Adjustment of Status-Based EADs to 5 years

Nhu-Y Le
September 28, 2023

The Biden Administration recently announced:

USCIS will increase the maximum validity period of initial and renewal Employment Authorization Documents (EADs) to 5 years for certain noncitizens, including ... applicants for ... adjustment of status. The increased validity period will reduce the frequency with which noncitizens must file for to renew their work authorization. This is anticipated to also reduce the associated workload and processing times, which will allow USCIS to concentrate efforts on initial work authorization caseload.”

  1. What does this announcement mean?

This is great news! Increasing the validity of adjustment of status-based EADs to 5 years reduces the administrative burden of needing to file EAD extensions as frequently. This means less work for foreign nationals and immigration attorneys.  

Also, longer validity for adjustment of status-based EADs could result in a smaller workload for USCIS. This could potentially mean that USCIS will be able to review and approve EADs faster.

  1. When will this become effective?

USCIS has announced that this is effective immediately. The policy change will apply to all adjustment of status-based EAD applications that are pending or filed September 27, 2023 or later.

  1. Does the 5-year validity extend to Advance Parole (AP)?

Yes. Advance Parole allows Foreign Nationals to travel internationally and re-enter the U.S. while their adjustment of status applications remain pending. USCIS is now issuing Advance Parole for a validity period of 5 years.

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