United States: USCIS Reduces Maximum Validity Period from Five Years to 18 Months for Several Categories of EADs, Including Adjustment of Status EADs

The new policy covers a range of EAD applicants.

Most notably, foreign nationals with pending adjustment of status applications who apply and qualify for an adjustment-based EAD – including employment- and family-based adjustment applicants – will receive a maximum 18-month EAD validity period under the new policy, down from a previous five-year maximum validity under the prior policy.

USCIS is also applying the new 18-month maximum validity period to EAD applicants admitted as refugees, granted asylum, or granted withholding of deportation or removal; and those with pending applications for asylum, withholding of removal, suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA).

Adjustment of status applicants and other foreign nationals impacted by the new, reduced EAD validity periods will be required to renew their EADs more frequently than under prior policy. This change will also result in an increase in the overall number of EAD renewal applications filed with USCIS, which is likely to increase EAD processing times.

In addition, the shorter validity periods, coupled with the recent elimination of EAD auto-extensions for timely filed EAD renewals, may increase the risk of gaps in work authorization. Affected foreign nationals – including adjustment of status applicants – should ensure that they file EAD renewal applications as early as possible to avoid or minimize potential gaps in work authorization. In general, EAD renewal applications can be filed six months prior to the EAD expiration date, though USCIS EAD processing times can extend beyond six months.