USCIS Changes Rule on 2 Year EAD Cards for Adjustment Applicants

USCIS has changed the requirements for adjustment of status applicants to obtain a 2 year EAD card- this following was NOT in the initial press release announcing this new initiative:

Who is eligible for an EAD that is valid for two years?

The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9). In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved.

Analysis: not everyone who is subject to backlogs in the immigrant visa queue will get a 2 year EAD – only those with an APPROVED 1-140 will.