USCIS has updated guidance in the Policy Manual to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.

EAD’s are now going to have a maximum validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal. See the Policy Alert from USCIS.

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.

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 efforts to reduce associated processing times and backlogs.

Note: 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.

This update also includes other clarifications related to employment authorization, including
clarifying that the Form I-94 can be used as both evidence of status and employment authorization for
certain noncitizens who are employment authorized incident to status or circumstance. The update
also explains that certain Afghan parolees and certain Ukrainian parolees are employment authorized
incident to parole.

The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.

PA-2023-27

New Policy Highlights

• Updates the maximum validity period for initial and renewal EADs from 2 years to 5 years for
  those admitted as refugees, granted asylum, and granted withholding of deportation or
  removal.
  
• Updates the maximum validity period for initial and renewal EADs from 2 years to 5 years for
  those with pending applications for asylum or withholding of removal10 and those with
  pending applications for adjustment of status under INA 245.
  
• Updates the maximum validity period for initial and renewal EADs from 1 year to 5 years for those with pending applications for suspension of deportation or cancellation of removal.
  
• Updates the maximum validity period for initial and renewal EADs from 1 year to the end date
  of the authorized parole period, not to exceed 5 years, for those paroled as refugees.
  
• Lists the categories of noncitizens with employment authorization incident to status whose
  Form I-94 is evidence of employment authorization as well as of their immigration status.
  
• Explains that certain Afghan parolees and certain Ukrainian parolees are employment
  authorized incident to their parole.
  

CitationS

Volume 3: Humanitarian Protection and Parole, Part F, Parolees, Chapter 1, Purpose and Background [3 USCIS-PM F.1]. Volume 10: Employment Authorization, Part A, Employment Authorization Policies and Procedures, Chapter 2, Eligibility Requirements [10 USCIS-PM A.2] and Chapter 4, Adjudications [10 USCIS-PM A.4].