News Updates

Employment Authorization Documents – Validity Period Extended to Two Years in Some Cases, Effective June 30, 2008

On June 12, 2008, USCIS announced that effective June 30, 2008, it will begin issuing Employment Authorization Documents (EAD cards) valid for two years, rather than one year as is currently the procedure. 

Eligibility criteria for the 2-year EAD:

1) USCIS will grant a 2-year EAD only to adjustment applicants who cannot move forward in the green card process due to immigrant visa quota backlogs. 

2)  The 2-year validity period is generally only available for EAD extensions; in most cases, first-time EAD applicants will still receive only the 1-year validity period.

Please note that there is no process for applicants and/or their counsel to affirmatively request a 2-year EAD.  Rather, USCIS will decide whether to renew an EAD for 2 years instead of 1 year based on the current State Department Visa Bulletin and whether or not an immigrant visa is available for that applicant

It is currently unclear whether immigrant visa availability will be determined at the time of filing of the EAD application, or the time of adjudication of the EAD application.

USCIS will consider issuance of a 2-year EAD for an I-765 EAD application which is pending with USCIS on or after 6/30/08.

The likely reasons for the change in validity period are to reduce the workload for USCIS which the annual EAD renewals cause, and to reduce interruption of employment due to EAD’s which expire annually.  For security and fraud prevention reasons, USCIS is also concerned that the cards not carry an unnecessarily long validity period; in the event the underlying I-140 or I-485 is denied the EAD ceases to be valid for employment purposes, although it is facially valid.

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