The United States Citizenship & Immigration Services ("USCIS") recently announced that beginning on June 30, 2008, it will issue Employment Authorization Documents ("EADs") valid for two years in limited circumstances.
The new two-year EAD will only available to individuals who have an application for adjustment of status to permanent resident pending, and have filed for employment authorization, but are unable to become a permanent residence because an immigrant visa number is not currently available. The USCIS will decide whether to renew an EAD for either a one year or two year validity period based upon the most recent Department of State ("DOS") visa bulletin, which is issued monthly.
For applicants who have an available immigrant visa number and who are filing for adjustment of status to permanent residence, the USCIS will continue to grant EADs valid for one-year. The USCIS may issue a two-year renewal of an EAD if the applicant's immigrant visa availability date retrogresses after the I-485 is filed.
If an adjustment of status applicant requests to replace an EAD that has not expired, the USCIS will issue a replacement card that is valid through the same date as the previously issued EAD. However, if the previously issued EAD has expired, the agency will process the request for renewal and determine the appropriate validity period based upon the applicant's eligibility for an immigrant visa.
How This Affects You:
Two-year EADs will be issued in limited circumstances as of June 30, 2008. The two-year card is available to pending adjustment of status applicants who are unable to adjust to permanent resident status because of country quota backlogs making an immigrant visa unavailable. There will be no changes to the current EAD application form I-765. Whether to issue a two-year EAD, will be decided by the USCIS officer adjudicating the EAD application.
Initial EAD filings submitted with adjustment of status applications will generally receive EADs valid for only one year because adjustment of status applications can only be filed when an immigrant visa number is available.
We will provide further information as soon as it becomes available.
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