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USCIS issues policy guidance on discretionary EAD under adjustment or deferred action applications

  1. Date Announced

    Jan. 14, 2021

    USCIS 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]

    View Policy Document
  2. Effective Date of Change

    Jan. 15, 2021
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: DACA Enforcement Immigrant Visas
Agencies Affected: USCIS

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