US Citizenship and Immigration Services (USCIS) has increased the validity period of employment authorization documents for certain categories. For certain noncitizens, the maximum validity period for initial and renewal Employment Authorization Documents (EADs) has been increased to 5 years. Currently, USCIS policy guidance provides for a maximum 2-year validity period for EADs issued to noncitizens. Now, USCIS is revising its guidelines to increase the maximum EAD validity periods for these categories up to 5 years.
A noncitizen must obtain employment authorization in order to work in the United States legally. While certain classes of noncitizens are authorized to engage in employment through their immigration status, commonly referred to as employment authorization incident to status, other classes of noncitizens are authorized to engage in employment only if they apply for and are granted such authorization by USCIS.
In certain cases, USCIS may issue an EAD to serve as evidence of employment authorization. USCIS has the discretion to assign the validity period for EADs issued to noncitizens in both of these categories of employment authorization.
USCIS’s 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.
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, USCIS received for renewal EADs over the next several years, contributing to our efforts to reduce associated processing times and backlogs.
However, whether the noncitizen maintains employment authorization remains dependent on their underlying status, circumstances, and EAD filing category. For example, if an individual received an EAD under the (c)(9) category based on a pending adjustment of status application for the maximum validity period of 5 years, and the adjustment application is then denied, their ancillary employment authorization may be terminated before the expiration date listed on their EAD.
The increase in the EAD validity period will reduce the frequency with which affected noncitizens must file an Application for Employment Authorization (Form I-765) with USCIS if they wish to renew their EAD.
Earlier, on August 1, 2023, U.S. Citizenship and Immigration Services published a revised version of Form I-9, Employment Eligibility Verification. Among the improvements to the form is a checkbox employers enrolled in E-Verify can use to indicate they remotely examined identity and employment authorization documents under an alternative procedure authorized by the Department of Homeland Security (DHS).
