DHS Authorizes 5-year Employment Authorization Documents (EADs) for Adjustment Applicants

Yesterday, September 27, 2023, the Biden-Harris Administration announced a new policy increasing the maximum validity period of initial and renewal Employment Authorization Document (EAD) applications to 5 years for certain categories; including green card (adjustment of status) applicants; individuals admitted as refugees or granted asylum; recipients of withholding of removal; and applicants for asylum or cancellation of removal. The new policy, which applies to all applications pending as of the date of the announcement, is aimed at reducing the frequency with which non-citizens are required to apply for work authorization, and allowing the United States Citizenship and Immigration Service (USCIS) to focus on processing the backlog of applications for initial work authorization.

What this Means for our Clients
The new policy is a welcome change for employers, and their non-citizen employees. It will help reduce the risk of these employees losing work authorization due to delays in government processing times, and should also reduce cost and the administrative burden associated with filing frequent renewal applications. Please note, however, that this policy does not impact employer-sponsored work authorized categories that do not require an EAD, including H-1Bs, TNs, L-1s, and O-1s. The policy also does not affect EADs issued for F-1 students, or H-4 dependents of H-1B workers.

Please contact our office should you have additional questions regarding this policy change.