The U.S. Citizenship and Immigration Service (USCIS)  announced that it will extend the maximum validity period for certain noncitizens' Employment Authorization Documents (EADs) to 5 years. This change applies to individuals authorized to work due to their immigration status or circumstances, including those who are adjusting status under INA 245 (for example, those who adjust status based on a petition made a by U.S. Citizen relative), refugees, asylees, and those individuals facing  deportation or removal proceedings.

The updated guidance defines categories of noncitizens automatically authorized to work and provides details on presenting Form I-94 as proof of employment authorization. It also clarifies that certain Afghan and Ukrainian parolees have employment authorization  incident to parole.

This change is aimed at reducing the need for frequent renewal applications, helping us manage processing times and backlogs. However, continued employment authorization depends on the individual's underlying status and circumstances. For instance, if an adjustment of status application (under category (c)(9)) is denied, ancillary employment authorization may terminate before the EAD expiration date.