EAD Cards Based on Pending I-485 to be Valid for
Two Years
Effective July 1, 2008, USCIS began extending the validity period
of the employment authorization documents (EAD cards) issued to
individuals with pending I-485 adjustment of status applications.
The new validity period is extended to two years, instead of only
one year. Homeland Security Secretary Chertoff announced that
applicants with pending adjustment applications will begin receiving
2-year employment authorization documents when the adjustment
application is expected to remain pending for more than one year.
In order to be eligible for a 2-year employment authorization
document, the underlying I-140 petition must be approved. If the
I-140 petition is still pending, USCIS will issue a 1-year
employment authorization document.
When determining whether or not to grant a 2-year employment
authorization document, USCIS will review the I-485 priority date at
the time that the employment authorization application is filed. If
the priority date is current on the date of filing, but later
retrogresses while the application is pending, USCIS has the
discretion to review the case again and issue the 2-year employment
authorization document.
No details have been provided as to whether this impacts EAD
applications already pending with USCIS.
On a related note, the USCIS unveiled a new Form I-765, Application
for Employment Authorization. The new form includes additional
eligibility codes correlating to the Department of Homeland
Security’s recent interim final rule on Optional Practical Training
(OPT). The interim final rule modifies the conditions and duration
of OPT for qualified F-1 non-immigrant students. For more
information on the rule, please see read our GT Alert.
The USCIS will require all applicants to begin using the new form as
of July 9, 2008.
GT regularly assists foreign nationals with filing EAD applications.
For further information please contact your GT attorney.
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