USCIS Extends EAD Validity Period to Two Years for Certain Filing Categories

On February 7, 2022, USCIS announced that, effective immediately, initial and renewal work authorizations (EADs) may be issued with a validity period of up to two years for asylees and refugees, noncitizens granted withholding of deportation or removal, and VAWA (Violence Against Women Act) self-petitioners. This is a significant and welcome change for applicants of these categories, who were previously having to renew annually. According to USCIS, this policy change is in the interest of “reducing the burden on both the agency and the public,” allowing USCIS to concentrate on its pending backlog of EAD applications and address the current extensive processing delays.  Six years ago, EADs were routinely issued within 60-90 days. Today, due in part to the backlog created by Covid-19 processing delays, applicants may wait an astounding 12-14 months — an arguably absurd and unacceptable wait time for a basic immigration benefit provided for by law. Discussing extensive processing delays during a briefing last week, USCIS Director Ur Jaddou admitted that processing times are too long and that every foreign citizen who applies for an immigration benefits “is entitled to a timely decision, be it yes or no.” Along with the policy change extending EAD validity periods, Jaddou has also pledged to increase staffing, adding 200 new employees to the asylum division. While these are welcome changes, more aggressive action must be taken to address backlogs and extreme processing delays, which are overly burdensome to individuals, communities, and the functioning of the economy and labor force as a whole.