INS Advises on EAD Validity Periods

HQ 274A-P

Reaffirmation of Policy: Uniform Periods of Validity of All Employment Authorization Documents, Form I-688B

March 2, 1995

Regional Directors
District Directors (including foreign)
Service Center Directors
Officers-in-Charge
Chief Patrol Agents
Director ODTF-Glynco and Artesia
Asylum Office Directors
Office of Programs
(HQPGM)

The purpose of this memorandum is to reaffirm the Service policy controlling the validity periods of the current Employment Authorization Document (EAD), Form I-688B. The initial policy was provided on August 1, 1992 to support the Service-wide implementation of the Form I-688B (see CO 274a-P/EAD FY 90 Wire #18).

Subsequent to the dissemination of the initial policy, changes were made to the standard validity periods of the I-688B in specified areas (e.g., applicants with a pending asylum application, applicants who are the dependents of diplomats and representatives to international organizations, and applicants who are dependents of exchange visitors). Additionally, statutes enacted after the implementation of the EAD program established the need to include new classes of aliens which may be issued Form I-688B (e.g. Temporary Protected Status, Family Unity, etc). Certain other classes of aliens eligible to apply for the I-688B were added administratively (e.g., aliens under an order of supervision and applicants for registry) since the initial policy guidance became effective. Finally, regulations at 8 CFR 274a.12 have been reordered since the implementation of the EAD program.

Inasmuch as the main objective of the EAD project was, and continues to be, uniformity -- uniform documentation, uniform data collection, uniform recordkeeping procedures, and uniform standards for adjudication of requests, it is critical to refocus attention to these uniform procedures.

The following is a comprehensive list of the prescribed validity period of Form I-688B for each class of alien (by provision of law) to which the Form I-688B is issued based upon an approved Application for Employment Authorization (Form I-765).

PROVISION OF LAW / PERIOD OF VALIDITY

GROUP A

8 CFR 274a.12(a)(3) TWO YEARS
8 CFR 274a.12(a)(4) ONE YEAR
8 CFR 274a.12(a)(5) ONE YEAR
8 CFR 274a.12(a)(6) 90 DAYS
8 CFR 274a.12(a)(7) ONE YEAR
8 CFR 274a.12(a)(8) ONE YEAR
8 CFR 274a.12(a)(9) REMOVED FROM REGULATION AND RESERVED
8 CFR 274a.12(a)(10) ONE YEAR
8 CFR 274a.12(a)(11) AS DETERMINED BY THE ATTORNEY GENERAL
8 CFR 274a.12(a)(12) ONE YEAR
8 CFR 274a.12(a)(13) ONE YEAR GROUP C 8 CFR 274a.12(c)(1) THREE YEARS
8 CFR 274a.12(c)(2) ONE YEAR
8 CFR 274a.12(c)(3)(i) ONE YEAR MAXIMUM
8 CFR 274a.12(c)(3)(ii) TO COMPORT WITH PERIOD OF SPONSORSHIP, ONE YEAR MAXIMUM
8 CFR 274a.12(c)(3)(iii) ONE YEAR OR UNTIL THE EXPIRATION OF AUTHORIZED D/S, WHICHEVER IS SHORTER
8 CFR 274a.12(c)(4) THREE YEARS
8 CFR 274a.12(c)(5) FOUR YEARS
8 CFR 274a.12(c)(6) SIX MONTHS MAXIMUM
8 CFR 274a.12(c)(7) THREE YEARS
8 CFR 274a.12(c)(8) ONE YEAR
8 CFR 274a.12(c)(9) ONE YEAR
8 CFR 274a.12(c)(10) ONE YEAR
8 CFR 274a.12(c)(11) TO COMPORT WITH PERIOD OF PAROLE, ONE YEAR MAXIMUM
8 CFR 274a.12(c)(12) TO COMPORT WITH PERIOD OF V/D, ONE YEAR MAXIMUM
8 CFR 274a.12(C)(13) ONE YEAR IF GRANTED PRIOR TO JANUARY 4, 1995. EFFECTIVE JANUARY 4, 1995 REMOVED FROM REGULATION AND RESERVED
8 CFR 274a.12(c)(14) ONE YEAR
8 CFR 274a.12(c)(15) REMOVED FROM REGULATION AND RESERVED
8 CFR 274a.12(c)(16) ONE YEAR
8 CFR 274a.12(c)(17) ONE YEAR
8 CFR 274a.12(c)(18) ONE YEAR
8 CFR 274a.12(c)(19) ONE YEAR UNLESS OTHERWISE INDICATED

Adherence to uniform procedures is critical as the Service moves toward the goal of improving its documents and the quality of the data necessary to verify the validity of those documents.

James A. Puleo
Executive Associate Commissioner

CC: Official File
Adj Log
INS: HQADN:JABEDNARZ:REAFFIRM:VAM:1/17/95

CC: See Policy Distribution Sheet