USCIS Extends Work Permit Validity to 5 Years

USCIS work permit extension to five years benefits refugees, asylum seekers, and others by reducing frequent renewals and speeding up processing times.

Author: Jacob M. Monty

The U.S. Citizenship and Immigration Services (USCIS) announced it has extended the length of work permits from a maximum period of one year to five years for certain immigrants.

What categories does this extension apply to?
Beginning September 27, 2023, USCIS increased the Form I-766 Employment Authorization Document (EAD) validity period for up to five years for certain categories. The EAD, or work permit, extension applies to the following categories:
• Noncitizens admitted as refugees;
• Noncitizens paroled as refugees;
• Noncitizens granted asylum;
• Noncitizens pending asylum or withholding of removal;
• Noncitizens granted withholding of deportation or removal;
• Noncitizens pending applications for suspension of deportation or cancellation of removal; and
• Noncitizens with pending applications for adjustment of status under INA 245.

Previously, asylees and refugees, noncitizens granted withholding of deportation or removal, noncitizens with pending applications for asylum or withholding of removal, and noncitizens with pending applications for adjustment of status under INA 245 had a maximum work authorization period of two years. Noncitizens paroled as refugees and noncitizens seeking suspension of deportation or cancellation of removal previously had a maximum work authorization period of one year.

Now, all of these categories with pending applications as of September 27, 2023, or with applications filed after this date will benefit from the extension to their work permits.

Form I-9 compliance
In addition to extending the work permit period for certain categories, USCIS announced that noncitizens who are automatically authorized to work (also known as those who are employment authorized incident to status or circumstance) may use the Arrival/Departure Record, or Form I-94, as evidence of both status and employment authorization.

For these individuals, such documentation would be an acceptable document under List C of Form I-9. USCIS also explained that certain Afghan and Ukrainian parolees are employment authorized incident to parole.

If an employee is employment authorized incident to status or circumstance and is providing their Form I-94 to complete their Form I-9, employers should ensure the employee is also providing evidence of identity in compliance with documents provided under List B.

Why has USCIS increased the work authorization period?
Over the last few years, USCIS has seen an increase in new Forms I-765, Application for Employment Authorization, which has led to a subsequent increase in the number of applications for EAD renewals. To reduce the frequency of these renewals, USCIS has extended the work permit to five years. In doing so, it hopes to reduce associated processing times and backlogs.

As to whether the noncitizen’s work permit will be renewed, USCIS has stated that such outcomes remain dependent on the individual’s underlying status, circumstances, and EAD filing category.

Jacob M. Monty is the managing partner at Monty & Ramirez LLP in Houston and can be reached at 281-559-6448 or jmonty@montyramirezlaw.com.

This article was originally written by Jacob M. Monty for the Texas Employment Law Letter.