2022 Information for Asylees, Refugees, VAWA Petitioners, & Persons Granted Withholding of Removal

In 2022, the U.S. Citizenship and Immigration Services (“USCIS”) decided to exercise its discretion and extend the work authorization validity periods. Rather than issue a work or employment authorization card (“EAD card”) with a 1-year validity period, USCIS will issue EAD cards with 2-year validity periods after 7 February 2022. This policy change impacts foreign nationals in the following categories: asylees and refugees, noncitizens granted withholding of deportation or removal, and VAWA self-petitioners. For foreign nationals granted deferred action or parole, U.S. Citizenship and Immigration Services may grant work authorization until the end of the authorized stay. This policy change applies to initial and renewal work authorization cards.

General Information about Work Authorization & the I-765 Application Process

U.S. law authorizes foreign nationals in multiple categories to work in the United States. Some nonimmigrant beneficiaries must apply for an employment authorization document (“EAD card”). In contrast, other nonimmigrant categories, such as E-2, H-1B and L-1 beneficiaries, may work upon obtaining status without an EAD card issued by USCIS.

When applying for work authorization, foreign nationals file the I-765 Form with USCIS. In general, foreign nationals applying for family-based permanent residency (commonly known as a green card) through adjustment may file the I-765 Form concurrently with the I-485 Form. On 17 January 2025, U.S. Citizenship and Immigration Services published a new fee schedule (G-1055 Form). Before filing an I-765 Form, lawyers and pro se noncitizens should review the fee schedule to make sure they submit the correct fee to USCIS. Unfortunately, U.S. Citizenship and Immigration Services will reject applications if a foreign national files an I-765 Form (or any form) without the correct fee. See 8 C.F.R. 103.2(a)(7)(ii)(D) (indicating that USCIS will reject a benefit request if the applicant submits the incorrect fees).