New 2-year EADs for LPR applicants

Effective June 30th, 2008 U.S. Citizenship and Immigration Services (USCIS) will issue Employment Authorization Documents (EAD) valid for two years to individuals who have filed Form I-485, Application for Adjust Status to become a lawful permanent resident (LPR) but are on the waiting line as immigrant visa numbers are not currently available.

If such an applicant is applying for a renewal, USCIS will decide the term to be of either one or two years based on the cut-off dates as reported in the Visa Bulletins. For instance, if the applicants visa availability dates suddenly retrogress after the Form I-485 was filed, USCIS will issue a two-year renewal EAD instead of one.

For all other applicants, USCIS will continue to issue EADs valid for one-year. Applicants requesting replacement of an existing EAD that has not expired, will be issued a replacement document valid through the same date as the previously issued EAD.

The USCIS FAQ also clarifies that applicants are filing Form I-765 Application for Employment Authorization along with their Form, generally will be issued a one year EAD, because it indicates visa dates are dates are available at the time.

Employment Authorization Document, as the name implies, allows certain temporary immigrants in US to work legally for a short period of time. If you believe that you have received the wrong validity period, you should contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY). For additional information, or if your application has been approved and you have not received your EAD, please contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY)