USCIS provided to the American Immigration Layers Association (AILA) additional clarifications regarding eligibility for the EAD 2-year card.

In issuing 2-year EAD cards, the USCIS will consider the following factors:

1. The permanent resident visa processing times (“retrogression”) at the time the I-765 application is filed. However, if the priority date is current as of the date of filing, but later retrogresses while the I-765 application is pending, USCIS has the discretion to review the case again and issue the 2-year EAD. If the priority date is backlogged as of the date of filing, but later becomes current while the I-765 is pending, USCIS also has the discretion to review the case again and issue a 1-year EAD.

2. If the I-765 application is concurrently-filed with the adjustment of status (I-485) application, the I-140 petition must be approved. If the I-140 is still pending, USCIS will only issue a 1-year EAD card.

Cite as “AILA InfoNet Doc. No. 08071878 (posted Jul. 18, 2008)”

By Angela M. Lopez