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Original Date Announced
January 14, 2021USCIS issues guidance (PA-2021-01) in the USCIS Policy Manual regarding applications for discretionary employment authorization based on 8 CFR 274a.12(c)(9) (pending application for adjustment of status under INA §245) or 8 CFR 274a.12(c)(14) (grant of deferred action). The guidance states that adjudicators must find "that the positive factors outweigh any negative factors that may be present, and that a favorable exercise of discretion is warranted." With respect to deferred action recipients, an extensive but nonexclusive list of positive and negative factors is provided. With respect to adjustment of status applicants, the policy supersedes prior policy of issuing employment authorization for a validity period of 2 years for adjustment of status applicants applying under 8 CFR 274a.12(c)(9) in instances where no immigrant visa number is available to the applicant, appearing to reduce the validity period to no more than one year. Comments are due February 15, 2021.
[ID #1296]
Applications for Discretionary Employment Authorization Involving Certain Adjustment Applications or Deferred ActionEffective Date
January 15, 2021Biden Administration Action: Modified
June 9, 20212021.06.09 Employment Authorization Policy Alert
This Biden administration policy modifies the Trump-era policy identified in this entry.
On June 9, 2021, USCIS issued a policy alert stating that it will grant EADs valid for 2 years to certain green card applicants including those applying based on an approved Form I-130 (family-based green card) or Form I-140 (employment-based green card).
Both initial and renewal EAD applications will be eligible for the 2-year validity period. However, replacement EADs will not be issued for 2-year validity period but will rather be issued with the same validity dates as the original EAD that is being replaced.
View DocumentBiden Administration Action: Modified
February 7, 20222022.02.07 Updating General Guidelines on Maximum Validity Periods for Employment
This Biden administration policy modifies the Trump-era policy identified in this entry.
On February 22, 2022, USCIS issued a policy alert (PA-2022-07) stating that it is updating guidelines regarding validity periods for Employment Authorization Documents (EADs). USCIS updated the maximum validity period for initial and renewal EADs for employment authorization based on 8 CFR 274a.12(c)(14) (non-DACA deferred action) to the end date of the authorized deferred action period.
It also removed the policy manual guidance pertaining to the exercise of discretion as it relates to the general adjudication of Form I-765, and specific guidance identified in the original entry related to the adjudication of Form I-765s based on a pending application for adjustment of status under INA § 245 and deferred action.
View DocumentBiden Administration Action: Modified
June 14, 20232023.06.14 Employment Authorization Documents Based on Compelling Circumstances
This Biden administration policy modifies the Trump-era policy identified in this entry.
On June 14, 2023, USCIS issued a policy alert (PA-2023-18) regarding policy guidance addressing eligibility criteria and standards for applications for employment authorization involving compelling circumstances. This guidance provides a non-exhaustive list of situations that could lead to a finding that compelling circumstances exist as well as appropriate evidence to prove those compelling circumstances.
View DocumentBiden Administration Action: Modified
September 27, 20232023.09.27 Employment Authorization Document Validity Period for Certain Categories
This Biden administration policy modifies the Trump-era policy identified in this entry.
On September 27, 2023, USCIS updated guidance in the Policy Manual to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal.
USCIS also increased the maximum validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal.
View DocumentCurrent Status
Partially in effectMost Recent Action
September 27, 2023 Action: Modified 2023.09.27 Employment Authorization Document Validity Period for Certain CategoriesJune 9, 2021Acted on by Biden Administration
February 7, 2022Acted on by Biden Administration
June 14, 2023Acted on by Biden Administration
September 27, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Immigrant Visas DACA EnforcementAgencies Affected: USCIS