USCIS Paves the Way: 5 -Year EADs for Green Card Aspirants

In a landmark move to address the persistent backlog in processing Employment Authorization Documents (EADs), the U.S. Citizenship and Immigration Services (USCIS) has announced a significant extension of the maximum validity period for certain EAD categories, granting a five-year duration.

This transformative policy change by the USCIS will have far-reaching implications, particularly for foreign nationals with pending ‘Adjustment of Status Applications’ as they navigate the final phase of the green card application process.

USCIS Updates

Historically, EADs for Adjustment of Status applicants were only valid for a meager two years, necessitating frequent and often cumbersome extensions.

However, the new USCIS rule, which came into effect on September 27, 2023, marks a substantial departure from the previous norm and is poised to reduce the need for extension applications, making the immigration process more efficient and less burdensome for applicants.

One of the key beneficiaries of this policy shift is the population of foreign nationals on H-1B visas who are diligently pursuing their American dream of obtaining a green card. A significant number of these aspirants are from India, and they have long grappled with work authorization gaps due to processing delays.

Under the revised rules, green card applicants can enjoy an extended EAD validity, minimizing interruptions in their employment status.

Immigration attorneys have welcomed this development, emphasizing that the extended five-year validity period will significantly alleviate the administrative burden associated with pending immigration processes.

Mitch Wexler, a partner at Fragomen, a prominent global immigration law firm, observed, “Adjustment of status and other eligible applicants will not be required to renew their EADs as frequently as they did under the prior policy, reducing some administrative burden associated with their pending immigration processes.”

The USCIS, in its official statement, has expressed its intent to reduce the number of EAD renewal applications filed with the agency in the coming years, which, in turn, is expected to contribute to a noticeable reduction in case processing times and backlogs.

This move represents a pivotal step in streamlining immigration procedures, which is particularly crucial at a time when immigration policies and their impact are in the global spotlight.

Notably, the extended EAD validity period applies to various other categories as well. This includes asylees, refugees, noncitizens granted withholding of removal, noncitizens with pending applications for asylum or withholding of removal, and noncitizens seeking suspension of deportation or cancellation of removal.

The USCIS aims to ensure that this policy change results in a smoother and more streamlined immigration process for a diverse range of applicants.

However, it’s important to mention that not all EAD categories will benefit from this extension. For instance, H-4 spouses eligible for work authorization and international students under the Optional Practical Training (OPT) program will continue to operate under the previous two-year EAD validity period.

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