April 11, 2011

New Single Document Granting Joint EAD and Advance Parole

Traditionally, the U.S. Citizenship and Immigration Services (USCIS) issued Employment Authorization Documents (EAD) and Advance Parole (AP) Documents separately.  The EAD is applied for using Form I-765 and the AP is applied for using Form I-131.  On July 30, 2007, the USCIS stopped collecting fees for Form I-765 or Form I-131 filed in conjunction with a pending Form I-485, Adjustment of Status Application.

USCIS has determined it is no longer cost-effective to issue the EAD and AP documents separately.  Going forward, whenever USCIS will adjudicate a concurrently filed Form I-765 and Form I-131, they will issue a single document verifying approval of both applications.  Such document, Form I-766, is the issuance of an EAD Card annotated with the language "SERVES AS I-512 ADVANCE PAROLE." USCIS is also reviewing whether it is feasible to expand eligibility for an EAD with advance parole endorsement to other EAD recipients who are eligible for advance parole.

This new card represents a significant improvement from the current practice of issuing paper AP documents.  Not only does the new card serve as proof of employment authorization in the United States, and for I-9 Employment Eligibility Verification purposes, but it also serves as a form of international travel document, in conjunction with a valid passport.  Furthermore, in the past under certain circumstances, the EAD could be issued for two years but the AP was only issued for one year.  With the new single document, both the EAD and AP authorizations can be issued for up to two years.  USCIS retains the discretion to issue it for a shorter period or a longer period depending upon the circumstances of the particular case.

As with the current AP document, obtaining a combined AP Parole and EAD card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S., the individual who travels with the card must present their passport and the card to request parole through the port-of-entry. The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.