USA: Two-year work authorization for pending permanent residents

Beginning on 30 June 2008, United States Citizenship and Immigration Services (USCIS) will allow certain people waiting for permanent residence to work in the US for two years instead of one.

Some people who are temporarily in the US and are on the waiting list for an immigrant visa number can, from 30 June 2008, apply for Employment Authorization Documents (EADs), valid for two years. USCIS will issue two-year EADs at their discretion and may issue an EAD for one year if the applicants employment-based preference category is not experiencing a backlog.

Two-year EADs are available for those who have filed Form I-485, Application to Register Permanent Residence or Adjust Status, and who cannot complete their permanent residency process because an immigrant visa number is not yet available.

USCIS expects to implement 2-year EADs for cases that are pending on and after 30 June 2008. To receive an Employment Authorization Document, applicants must file form I-765. Once completed and submitted to USCIS, individuals could receive their EAD as soon as a couple of weeks later.

USCIS stated that the new two-year EAD was implemented "to better serve its customer base, and in particular, persons who are waiting to become lawful permanent residents and are impacted by the lack of immigrant visa numbers."