INS Advises on Validity Date of EAD

Subject: Validity Date of Employment Authorization Document (EAD)

Date: December 7, 1994

To: Regional Directors
District Directors
Service Center Directors
Officers-in-Charge
Port Directors

From: Office of Programs

In response to concerns regarding lack of standardization in procedures for processing both initial and extension employment authorization applications and issuing employment authorization documents, Headquarters Office of Programs would like to remind Service offices of the following policies:

Except as specified below, regardless of where Form I-765 is processed and/or adjudicated, the validity date of the EAD shall be the date of issuance even in cases when Form I-688B, Employment Authorization Document (EAD), is not issued on the same day as the Form I-765 Application for Employment Authorization, is adjudicated. [Please note that there is no provision in law for "extending an EAD nunc pro tunc," i.e., back-dating a new EAD to the expiration date of the prior EAD.]

For F-1 students authorized for optional practical training, the validity date of an EAD will be either: (1) for training prior to completion of studies, the date employment is scheduled to commence, or the date the EAD is issued, whichever is later; or (2) for training after completion of studies, the date of completion of studies or the date the EAD is issued, whichever is later. [Note: the graduation ceremony date may be used as the date of completion of studies, unless studies are completed during the previous semester, term, quarter or session.]

For M-1 students authorized for practical training, the validity date of an EAD will be either the date of completion or studies of date of issuance, whichever is later. [Note: the graduation ceremony date may be used as the date of completion of studies, unless studies are completed during the previous semester, term, quarter or session.]

For alien granted voluntary departure under the Family Unity Program, the validity date of an EAD shall be the date granted voluntary departure to coincide with the period of voluntary departure.

James A. Puleo
Executive Associate Commissioner

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