In order to lawfully work in the United States, a noncitizen must obtain employment authorization. While certain noncitizens benefit from employment authorization incident to status, others are only authorized to work only if they apply for and are granted an Employment Authorization Document (EAD) by U.S. Citizenship and Immigration Services (USCIS). At present, there is a 2-year maximum validity period for EADs issued to the following noncitizens:
- Asylees and refugees
- Noncitizens granted withholding of deportation or removal
- Noncitizens with pending applications for asylum or withholding of removal
- Noncitiens with pending applications for adjustment of status under INA 245
In an effort to reduce processing times and backlogs, USCIS is updating policy guidance to increase the maximum validity period to 5 years for initial and renewal EADs for the above listed categories of noncitizens. USCIS is also increasing the maximum validity period to 5 years for those with pending applications for suspension of deportation or cancellation of removal. Additionally, USCIS is updating the maximum validity period for initial and renewal EADs from 1 year to the end date of the authorized parole period for those paroled as refugees (not to exceed 5 years).