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In a recent and significant update, the U.S. Citizenship and Immigration Services (USCIS) has recently announced changes to the validity periods of certain Employment Authorization Documents (EADs). These changes, implemented on September 27, 2023, have far-reaching implications for non-citizens seeking employment authorization in the United States.

Key Points to note:

  • Increased Validity Period:USCIS has extended the maximum validity period of specific EADs to five years. This expansion marks a departure from the previous maximum validity of one year for non-citizens applying for suspension of deportation or cancellation of removal and two years for various other categories, including initial and renewal EADs issued to non-citizens employment authorized incident to status.
  • Eligible Categories:The new five-year validity applies to EADs issued to non-citizens who are in the process of seeking cancellation of removal or suspension of deportation. It also covers initial and renewal EADs issued to non-citizens applying for employment authorization, including those with pending Adjustment of Status under INA 245, applicants for asylum or withholding of removal, individuals admitted or paroled as refugees, and those granted asylum.
  • Effective Date:These changes are applicable to applications submitted on or after September 27, 2023. Any applications filed before this date will be subject to the previous validity regulations.

Impact and Implications:

By extending the maximum validity period of EADs to five years, USCIS aims to streamline its processes and mitigate backlogs. This strategic move is expected to significantly reduce the volume of Forms I-765, Application for Employment Authorization, submitted for EAD renewals in the coming years. Consequently, USCIS anticipates improved efficiency in handling applications and decreased processing times, thereby enhancing the overall experience for applicants.


These changes represent a pivotal shift in USCIS policy, providing increased stability and certainty for non-citizens in the U.S. seeking employment authorization. By extending the validity period of certain EADs, USCIS has taken a proactive step toward optimizing its operations and improving service delivery. Applicants and stakeholders are encouraged to stay informed about these developments, as they signify a positive direction in U.S. immigration practices.