USCIS has discretion to establish a specific validity period for employment authorization, though not to exceed a certain period of time in some circumstances. When determining the validity period for employment authorization for applicants based on a pending INA 245 adjustment application, USCIS may take into account processing times.
USCIS had previously limited the validity period for employment authorization based on a pending adjustment application to 1 year. However, as the median processing time for certain adjustment applications is close to, or in some cases, exceeds 1 year, limiting the validity period for employment authorization to 1 year has resulted in the expiration of EADs and the need for applicants to renew them while adjustment applications are still pending.
In the interest of reducing the burden on both the agency and the public, USCIS approves employment authorization based on a pending INA 245 adjustment application for a validity period of 2 years. USCIS provides in the approval notice and EAD the specific time period for which an applicant’s EAD is valid. USCIS approves a replacement EAD for the same validity dates and category as the original EAD.