USCIS Extends EAD Validity from 1 Years to 2 for K1 Visa Holders and Certain other AOS Filers

[Captain Ewok 1,891]

 

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to increase the amount of time a grant of employment authorization is valid for applicants seeking adjustment of status under Section 245 of the Immigration and Nationality Act (INA).

 

Background:

 

When an applicant applies for adjustment of status, he or she may also apply for employment authorization so that the applicant may work in the United States while waiting for a decision on the adjustment application. Currently, USCIS issues adjustment applicants Employment Authorization Documents (EADs) that are valid for 1 year. However, in the interest of reducing the burden on both the agency and the public, because the current median processing time for certain adjustment of status applications is close to or greater than 1 year, USCIS will now issue initial and renewal EADs to adjustment applicants that are valid for 2 years. Replacement EADs will not be affected by this update; USCIS will continue to issue replacement EADs with the same validity dates as the original EAD.

 

This guidance, contained in Volume 10 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.

 

Policy Highlights

 

Updates the validity period for initial and renewal EADs issued to applicants for adjustment of status under INA 245 from 1 year to 2 years.

 

Citation

 

Volume 10: Employment Authorization, Part B, Specific Categories, Chapter 4, Adjustment Applicants Under INA 245 [10 USCIS-PM B.4].

 

Reference:  https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20210609-EmploymentAuthorization.pdf

[Adventine 3,196]

Awesome news. That should significantly help lessen the backlog.

Edited June 9, 2021 by Adventine

[Crazy Cat 41,919]

This is a good start.  Now, they just need to completely eliminate conditional green cards to make another great impact.  

[RLA 323]

1 hour ago, Lucky Cat said:

This is a good start.  Now, they just need to completely eliminate conditional green cards to make another great impact.  

Just out of curiosity: Do you think that conditional greencards are not needed or not useful to prevent marriage fraud?  While I find them a bit of a hassle I can accept that they are meant to serve a legitimate purpose.

[Crazy Cat 41,919]

3 minutes ago, RLA said:

Just out of curiosity: Do you think that conditional greencards are not needed or not useful to prevent marriage fraud?  While I find them a bit of a hassle I can accept that they are meant to serve a legitimate purpose.

Statistics show that roughly only 3%-5% of I-751s are actually denied.  Either significant fraud doesn't exist...or USCIS interviews don't detect fraud.  Either way, conditional green cards are a waste of resources and time.

Edited June 9, 2021 by Lucky Cat

[noname_no 38]

They did not state the effective date...

[Adventine 3,196]

2 minutes ago, noname_no said:

They did not state the effective date...

Actually, they did "This guidance, contained in Volume 10 of the Policy Manual, is effective immediately"

[noname_no 38]

Just now, Adventine said:

Actually, they did "This guidance, contained in Volume 10 of the Policy Manual, is effective immediately"

You are right! I missed that! Thank you for pointing that out!

[sl1pstream 551]

So this just means that green cards will be processed slower.

[Adventine 3,196]

8 minutes ago, sl1pstream said:

So this just means that green cards will be processed slower.

 

How did you arrive at that conclusion? From what I understand, the EADs and green card processing queues are "separate." And a longer EAD validity means USCIS frees up manpower and resources for other tasks.

 

Receiving an EAD card is not a prerequisite for receiving a green card. Which is why some people on VJ report receiving the green cards before the EAD cards.

 

 

Edited June 9, 2021 by Adventine

[mm1010 11]

who is eligible for this update?  Does every i-485- i-765 filer eligible for this ?

[HRQX 4,145]

1 hour ago, mm1010 said:

Does every i-485- i-765 filer eligible for this ?

Only under INA 245 (which is the most commonly used section of Adjustment of Status) https://www.uscis.gov/policy-manual/volume-10-part-b-chapter-4 "USCIS approves employment authorization based on a pending INA 245 adjustment application for a validity period of 2 years."

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-1 "Legal Authorities" section

[sam012019 14]

does this apply to vawa based EAD I-485 pending?

43 minutes ago, HRQX said:

Only under INA 245 (which is the most commonly used section of Adjustment of Status) https://www.uscis.gov/policy-manual/volume-10-part-b-chapter-4 "USCIS approves employment authorization based on a pending INA 245 adjustment application for a validity period of 2 years."

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-1 "Legal Authorities" section

does vawa EAD under i-485 eligible ?

6 hours ago, Adventine said:

Actually, they did "This guidance, contained in Volume 10 of the Policy Manual, is effective immediately"

what sthe date ?

[Bars&Saqi 120]

We received a renewed EAD in March, which is valid till next March (2022). Does this mean it will be valid until March 2023 even though the card says 2022? 

[HRQX 4,145]

2 minutes ago, Bars&Saqi said:

Does this mean it will be valid until March 2023 even though the card says 2022? 

No. EADs were not automatically extended. If your I-485 is still pending in late-2021 then submit a new I-765 for renewal. Upon a timely submission, your current EAD will be automatically extended by 180 days: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances When the EAD renewal application is approved, then the new EAD will have a validity period of 2 years.