USCIS Begins Issuing EADs And Advance Parole Documents Valid For 5 Years In Certain Cases

EADs

In September 2023, USCIS announced that certain individuals would be eligible to receive Employment Authorization Documents valid for 5 years. These include applicants for Adjustment of Status (AOS) under INA section 245 (which covers most family- and employment-based AOS applicants), and individuals admitted to the U.S. as refugees, those granted asylum, and those granted withholding of removal.

Advance Parole

Except for H and L nonimmigrants, individuals who have applied for Adjustment of Status are required to apply for and obtain an Advance Parole document prior to departing the United States while their AOS is pending. Nonimmigrants (excluding H and L) who travel outside the U.S. while the AOS is pending in the absence of a valid Advance Parole document, will be deemed to have abandoned their AOS application and will likely face issues re-entering the U.S.

In the past, USCIS issued Advance Parole documents for a period of 1 or 2 years. However, we are now seeing reports that USCIS is issuing Advance Parole documents for up to 5 years to those AOS applicants who are also eligible for a 5-year Employment Authorization Document.

If you have questions about this topic, please contact your McCown & Evans attorney.