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ARTICLE · 11 AUGUST 2004

USCIS Publishes Interim Rule Lifting The One-Year Limitation on EADs

Paul Hastings LLP
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On July 30, 2004, the United States Citizenship and Immigration Services ("USCIS") published an interim rule which authorizes USCIS adjudications officers to exercise discretion in issuing employment authorization documents ("EADs") for a period in excess of one year. This rule is now in effect.

United StatesImmigration

On July 30, 2004, the United States Citizenship and Immigration Services ("USCIS") published an interim rule which authorizes USCIS adjudications officers to exercise discretion in issuing employment authorization documents ("EADs") for a period in excess of one year. This rule is now in effect.

Under the previous regulations, EAD issuance was limited to one-year increments for certain aliens, such as aliens with pending applications for adjustment of status. The new rule amends this regulation and allows USCIS officers to issue certain EADs for a period in excess of one year. Based on the applicant's immigration status, general processing times for the underlying application or petition, and security considerations, USCIS will have the discretion to modify EAD validity periods both for initial, renewal, and replacement cards. (The rule also amends USCIS regulations to reflect that EADs will be issued to aliens granted asylum by the Department of Justice, Executive Office of

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