Processing times for Employment Authorization Documents (EADs) have ballooned in recent years. U.S. Citizenship and Immigration Services (USCIS) has taken several steps to try and reduce immense backlogs that it attributes to the lingering effects of COVID-19 related closures, the influx of applications associated with migrants paroled at the border or through county-specific parole programs, and increased designations and extensions of Temporary Protected Status (TPS). This article highlights some of the recent changes affecting the processing of EADs.

Automatic Extensions

A May 2022 temporary final rule that increased the automatic extension period for employment authorization and EADs available to certain EAD renewal applicants for up to 540 days has expired. The covered categories included applicants for renewal EADs based on refugee, asylee, VAWA self-petitioners, and TPS, as well as pending asylum and adjustment applications. As of Oct. 27, 2023, automatic extensions of employment authorization and EAD validity reverted to the original up to 180-day period for those eligible applicants who timely file Form I-765 renewal applications. This change does not affect any previously issued 540-day automatic extensions.

Accelerated Processing

As of Oct. 1, USCIS has begun accelerated processing for EAD applications filed by parolees who scheduled an appointment through CBP One. USCIS aims to dedicate additional personnel to decrease the median processing time from 90 days (about three months) to 30 days (about four and a half weeks).

If a potential client does not have their I-94, advocates may look up the I-94 on the Customs and Border Protection website. A “DT” notation on the I-94 means that the individual was granted humanitarian parole and is therefore eligible to file for an EAD based on category (c)(11).

Increases to Maximum Validity Periods for Certain EADs

In addition, USCIS has increased the maximum validity period of initial and renewal EADs to five years for the following persons: those admitted as refugees or granted asylum; recipients of withholding of removal; and applicants for asylum, adjustment of status, or cancellation of removal. The USCIS Policy Manual has been updated to reflect these changes.