Labor Immigration Law

United States Labor Immigration Law News and Analysis

2-Year EAD Update

June 16th, 2008 | Category: EAD, I-495

USCIS has released more information about the scope of the new rule which allows USCIS to issue 2-year EADs.

The rule becomes effective on June 30, 2008 and after this date, USCIS will issue 2-year EADs only to individuals who have filed petitions to become a lawful permanent resident (LPR) using Form I-485 and have requested an EAD but are unable to become LPR because a visa number is not currently available.  Upon renewal of EAD, USCIS will look at the visa bulletin and issue a 2-year replacement EAD only if a visa number is not currently available for the petitioner.

On the other hand, applicants who have filed I-485 and EAD applications and for whom there is a visa number immediately available would get only 1-year EAD document.  Applicants whose visa numbers have retrogressed since their I-485 was filed would get 2-year EADs.

This article is presented by the Capitol Immigration Law Group LLC, an immigration law firm serving individual and corporate clients in the Washington, D.C. area and nationaide. We specialize in U.S. labor immigration law and we have successfully represented individuals from more than 30 countries and Fortune 100 companies. The article should not be used as a substitute for competent legal advice from a licensed attorney. For more information, please contact us.

1 Comment so far

  1. Labor Immigration Law » Secretary Chertoff: We Will Start Issuing 2-Year EADs June 16th, 2008 12:52 pm

    […] USCIS has released more details on the new rule. This article is presented by the Capitol Immigration Law Group LLC, an immigration law firm […]