On September 27, 2023, the United States Citizenship and Immigration Services (USCIS) updated its Policy Manual to increase the maximum validity period for certain categories of Employment Authorization Documents (EADs) to five (5) years. The updated policy guidance also confirms the categories of noncitizens who are employment authorized incident to their status (i.e., automatically authorized to work) and provides more information on who can present a Form I-94 to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification.
A. EAD categories now valid for five (5) years
- Initial and renewal EADs for certain noncitizens who are employment authorized incident to status or circumstance, including those who were/are:
• Admitted as refugees;
• Paroled as refugees;
• Granted asylum;
• Citizens of Micronesia, the Marshall Islands, or Palau; and
• Granted withholding of deportation or removal. - Initial and renewal EADs for certain noncitizens who must apply for employment authorization, including those with:
• Pending applications for asylum or withholding of deportation or removal;
• Pending adjustment of status applications;
• Pending suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA) applications; and
• Commonwealth of the Northern Mariana Islands (CNMI) long-term residents.
B. CATEGORIES OF NONCITIZENS WHO ARE EMPLOYMENT AUTHORIZED INCIDENT TO THEIR STATUS
• Lawful permanent residents (LPRs);
• Lawful temporary residents;
• Asylees;
• Citizens of Micronesia or the Marshall Islands;
• Spouses of U.S. citizens in K-3 nonimmigrant status or children of such spouses in K-4 nonimmigrant status;
• Victims of severe forms of trafficking in persons in T-1 nonimmigrant status;
• Spouses of principal E nonimmigrants in E2 nonimmigrant status;
• Spouses of principal L-1 nonimmigrants in L-2S nonimmigrant status;
• Victims of qualifying criminal activity in U-1 nonimmigrant status and certain qualifying family members in U-2, U-3, U-4, and U-5 nonimmigrant status;
• Certain Afghan parolees (those with an OAR class of admission or who were paroled on or after July 31, 2021 whose Form I-94 entry records indicate Afghanistan as the country of citizenship and PAR class of admission); and
• Certain Ukrainian parolees (those who have a UHP class of admission or who were paroled between February 24, 2022 and September 30, 2023 whose Form I-94 entry records indicate Ukraine as the country of citizenship and DT class of admission).
C. NONCITIZENS WHO MAY PRESENT AN I-94 RECORD AS PROOF OF EMPLOYMENT AUTHORIZATION
• Asylees;
• Spouses of U.S. citizens in K-3 nonimmigrant status or children of such spouses in K-4 nonimmigrant status;
• Victims of severe forms of trafficking in persons in T-1 nonimmigrant status;
• Spouses of E nonimmigrants in E-1S, E-2S, or E-3S nonimmigrant status (excludes dependents of employees of the Taipei Economic and Cultural Representative Office (TECRO) and Taipei Economic and Cultural Offices (TECO) and spouses of CNMI Long-Term Investors (i.e., E-2 CNMI Investors));
• Spouses of L nonimmigrants in L-2S nonimmigrant status; and
• Victims of qualifying criminal activity in U-1 nonimmigrant status and certain qualifying family members in U-2, U-3, U-4, and U-5 nonimmigrant status.
Please note that these noncitizens who present their Form I-94 to an employer as evidence of employment authorization must also present a document to show evidence of their identity.
We will continue to monitor the implementation of these changes and notify you of any material changes. In the meantime, please contact any member of the Dentons Immigration Team if you have any questions.
