Longer work-document validity for specified protection and parole categories

Policy effect

For affected Employment Authorization Documents issued on or after February 7, 2022, USCIS increased the maximum validity guideline for initial and renewal documents from one year to two years for refugees, asylees, people granted withholding of deportation or removal, and VAWA self-petitioners. For parolees and recipients of deferred action other than DACA, initial and renewal documents could be valid through the end of the authorized parole or deferred-action period. Previously issued documents were unaffected, and replacement documents retained the original validity dates. These were maximum validity guidelines, not a guarantee of work authorization for every applicant.

Conditions and exceptions

Validated condition or limit: For affected Employment Authorization Documents issued on or after February 7, 2022, USCIS increased the maximum validity guideline for initial and renewal documents from one year to two years for refugees, asylees, people granted withholding of deportation or removal, and VAWA self-petitioners.; These were maximum validity guidelines, not a guarantee of work authorization for every applicant.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… uthorization document, which may include any period when an administrative appeal or judicial review of an application or petition is pending, unless otherwise provided in this chapter.”) 3 Not including Deferred Action for Childhood Arrivals. 4 See 8 CFR 212.5. PA-2022-07: Updating General Guidelines on Maximum Validity Periods for Employment Authorization Documents based on Certain Filing Categories Page: 2 In the interest of reducing the burden on both the agency and the public, USCIS has revised its guidelines to state that initial and renewal EADs generally may be issued with a maximum va … lidity period of up to 2 years for asylees and refugees, noncitizens with withholding of deportation or removal, and VAWA self-petitioners; or up to the end of the authorized deferred action or parole period to applicants in these filing categories. Through this publication, USCIS will begin to address some of the EAD-related comments that USCIS received in response to the Request for Public Input, 5 specifically, increasing maximum EAD validity period guidelines, where feasible, given current processing times and issuing clarifying guidance that will help prevent gaps in employment authorizat … s controlling and supersedes any related prior guidance. Policy Highlights • Provides general guidance on the adjudication of Form I-765 as it relates to determining eligibility, reviewing evidence, and issuing a decision; and adds charts outlining EAD validity timeframes for 8 CFR 274a.12(a) and 8 CFR 274a.12(c) categories. • Updates the maximum validity period for initial and renewal EADs from 1 year to 2 years for employment authorization based on 8 CFR 274a.12(a)(3) (admitted as a refugee), 8 CFR 274a.12(a)(5) (granted asylum), 8 CFR 274a.12(a)(10) (withholding of deportation or removal), … and 8 CFR 274a.12(c)(31) (VAWA self-petitioner). • Updates the maximum validity period for initial and renewal EADs for employment authorization based on 8 CFR 274a.12(c)(11) (parole) and 8 CFR 274a.12(c)(14) (non-DACA deferred action) to the end date of the authorized parole or deferred action period. • Removes guidance related to the exercise of discretion as it relates to the general adjudication of Form I-765, and specific guidance related to the adjudication of Form I-765 based on a pending application for adjustment of status under INA 245 and deferred action, to remove redundancy and av … U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 February 7, 2022 PA-2022-07 Policy Alert SUBJECT: Updating General Guidelines on Maximum Validity Periods for Employment Authorization Documents based on Certain Filing Categories Purpose U.S. Citizenship and Immigration Services (USCIS) is updating guidelines in the USCIS Policy Manual regarding validity periods for Employment Authorization Documents (EADs) for asylees and refugees, noncitizens with withholding of deportation or removal, noncitizens with deferred action, 1 parolees, and Violence Again … st Women Act (VAWA) self-petitioners. Background Noncitizens in the United States must obtain employment authorization before they may lawfully work in the country. Whether or not a noncitizen is authorized to work in the United States depends on the noncitizen’s immigration status and circumstances. While employment authorization for certain noncitizens is automatically provided by virtue of their immigration status or circumstances, other noncitizens must affirmatively apply for employment authorization and USCIS may grant employment authorization as a matter of discretion. In many cases, US … ion and documentation. Replacement EADs will not be affected by this update; USCIS will continue to issue replacement EADs with the same validity date as the original EAD. 6 This guidance, contained in Volume 10, Part A of the Policy Manual, is effective immediately. Therefore, USCIS will apply the updated validity period guidelines to EADs issued for impacted categories on or after February 7, 2022. EADs issued before February 7, 2022, are not affected. USCIS will continue to issue replacement EADs with the same validity dates as the original EAD. The guidance contained in the Policy Manual i …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2022

• 2022-01-28DHS and DOL add 20,000 H-2B visas for first half of FY2022
• 2022-01-30New I-94 spouse codes provide proof of work authorization
• 2022-02-01Eligible evacuated Afghans may reuse overseas medical examinations
• 2022-02-07Restoration of the 30-day processing provision for initial asylum employment authorization
• 2022-02-10Divorce does not end VAWA stepfamily eligibility
• 2022-03-11Mandatory Frivolous Asylum Adjudication Requirements (Matter of M-M-A-)
• 2022-03-15EB-5 Reform and Integrity Act of 2022 (Statutory Regional Center Program Reauthorization)
• 2022-03-28Citizenship-certificate applicants generally provide photos at appointments
• 2022-04-07USCIS Policy Manual Guidance on Interview Waiver Criteria for Family-Based Conditional Permanent Residents (Form I-751)
• 2022-04-19DHS designates Ukraine for Temporary Protected Status
• 2022-04-25Implementation of the Uniting for Ukraine Parole Process
• 2022-05-04DHS temporarily increases automatic EAD extension period to 540 days
• 2022-05-06Deferred-action consideration introduced for visa-blocked SIJs
• 2022-05-20DHS designates Afghanistan for Temporary Protected Status
• 2022-05-31DHS and DOJ issue asylum officer processing interim final rule
• 2022-07-20Policy Manual Guidance on Afghan and Iraqi Special Immigrant Visas Adjudication Transition
• 2022-07-25Permanent Adoption of Reproduced Signature Flexibilities
• 2022-08-02Uncharacterized military discharges treated as honorable for military naturalization
• 2022-08-30Policy Guidance on Special Immigrant and Nonimmigrant Religious Workers (R-1)
• 2022-08-31Codification of policy allowing issuance of diplomatic nonimmigrant visas in the United States to children born in the U.S.
• 2022-09-01Resumption of Cuban Family Reunification Parole (CFRP) Operations
• 2022-09-29Extension of Temporary Waiver of Form I-693 60-Day Rule for Civil Surgeon Signatures
• 2022-10-01President sets FY2023 refugee admissions ceiling at 125,000
• 2022-12-12Naturalization receipts extend green-card evidence for 24 months
• 2022-12-15DHS and DOL add 64,716 H-2B visas for FY2023
• 2022-12-23DHS finalizes public charge inadmissibility rule