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USCIS Increases Employment Authorization Document Validity Period for Certain Categories

6 Oct

U.S. Citizenship and Immigration Services (USCIS) recently announced  that it is updating policy guidance in the USCIS Policy Manual related to maximum validity periods for initial and renewal Employment Authorization Documents (EADs, Form I-766) issued to certain noncitizens: 


EAD Classification 

Maximum Validity Period for EADs 

Admitted as refugees  



Increase from 2 years to 5 years 



Granted asylum  

Granted withholding of deportation or removal 

Pending applications for asylum or withholding of removal  

Pending applications for adjustment of status under INA 245 

Pending applications for suspension of deportation or cancellation of removal 

Increase from 1 year to 5 years 

Paroled as refugees 

Increase from 1 year to the end date of the authorized parole period, not to exceed 5 years 


The updated policy guidance also clarifies the categories of noncitizens who are automatically authorized to work (employment authorization incident to status or circumstance), whose Form I-94 Arrival/Departure Record is evidence of employment authorization as well as of their immigration status. Noncitizens in these categories can present a Form I-94 to an employer as an acceptable document for employment authorization under List C of Form I-9, Employment Eligibility Verification. Form I-94, however, must be accompanied by identity documentation for purposes of employment authorization.  Also, whether the noncitizen maintains employment authorization remains dependent on their underlying status, circumstances, and EAD filing category. 

Finally, the update also confirms that certain Afghan and Ukrainian parolees are employment authorized incident to their parole. 

This guidance is effective immediately and applies to Applications for Employment Authorization (Form I-765) that are pending or are filed on or after September 27, 2023.  

For more information on how this new policy update may affect a particular case, or to initiate the Employment Authorization process for current or new employees, please contact your Foster immigration attorney. 

Foster will continue to monitor USCIS policy changes and updates impacting on immigration status and work authorization and will make future updates available via the Foster website at