EADs to be Valid for Length of Adjustment Process? What a Concept!

As many companies may be aware, employees who are in the process of obtaining their green card obtain work authorization in one year increments. The work authorization is verified through the Employment Authorization Document valid for one year and renewable in one year increments until the employee becomes a permanent resident. This system causes many issues for employees and employers especially given the ever-changing and ever-increasing processing backlogs at the various Service Centers. If the EAD expires before a new one is received, employees are left without work authorization and have to be taken off payroll causing distress to the employee and disruption of service for the employer. With the service center processing backlogs, it seems almost necessary to file an extension for an EAD as soon as a new card is received to make sure the employee will receive the new EAD before the just-received card expires.

There is a ray of hope though. There is an interim regulation that has cleared the Department of Homeland Security which would make an EAD valid for a period of time appropriate for an adjustment of status to be completed. Although it is not known exactly what “period of time appropriate for an adjustment of status to be completed” means, there is hope that it will be at least a two or three year period. Unfortunately, at this point, the USCIS has advised that the regulation does not address the very similar issue that occurs with advance parole documents that adjustment applicants need for travel nor have they indicated if they will address the Advance Parole issue in a separate regulation.

At this point, the interim regulation is currently with the OMB for review. The OMB generally has 90 days to review a regulation and then they must either reject or approve it for publication in the Federal Register. We will keep you updated as this matter progresses.

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