Mark A Ivener, A Law Corporation

USCIS To Issue Two-Year EADs for Certain LPR Applicants

U.S. Citizenship and Immigration Services (USCIS) announced on June 12, 2008, that certain lawful permanent resident applicants may file a Form I-765 (Application for Employment Authorization) to request a two-year employment authorization document (EAD). The two-year EAD is available to pending adjustment applicants (those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under 8 CFR § 274.a.12(c)(9) and who are currently unable to adjust status because an immigrant visa number is not available. USCIS will continue to grant EADs that are valid for one year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under that section. The agency will decide whether to renew an EAD for either a one- or two-year validity period based on the most recent Department of State Visa Bulletin. We can anticipate that under this month’s Visa Bulletin, the only employment-based applicants to benefit from the two-year period will be in the EB-3 classification, or EB-2 applicants who are natives of China or India.

USCIS said it expects to implement this initiative for cases pending on June 30, 2008. Applicants filing an I-765 under § 274.a.12(c)(9) should begin to receive their two-year EAD several weeks after the June 30, 2008, implementation date.

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.