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Immigration News Flash

June 25, 2008

USCIS to Issue Two-Year EADs to Certain Adjustment of Status Applicants starting June 30, 2008

On June 12, 2008 The U.S. Citizenship & Immigration Services (USCIS) announced that beginning June 30, 2008 it will issue Employment Authorization Documents (EADs) valid for two years to certain individuals who have applied for Lawful Permanent Resident (LPR) status.

The new two-year EAD is only available to applicants who satisfy the following requirements:

  1. Have a pending Form I-485, Application to Register Permanent Residence or Adjust Status;
  2. Have applied for an EAD based on a pending Form I-485, Application to Register Permanent Residence or Adjust Status; and
  3. Are unable to adjust status because an immigrant visa number is not currently available.

USCIS will make their determination to grant a one-year or two-year EAD based on the most recent Department of State Visa Bulletin. If an applicant’s immigrant visa availability date retrogresses, USCIS will issue their EAD for a two-year validity period. For individuals whose immigrant visa numbers are current, the USCIS will continue to grant their EADs for a one-year period.

The USCIS is implementing the issuance of a two-year EAD to better serve applicants who are affected by the lack of immigrant visa numbers.