We recently reported that DHS Secretary Chertoff announced that USCIS will begin issuing Employment Authorization Documents (EAD) with a two-year validity period for a limited number of individuals who have applications for legal permanent residence status pending with the U.S. Citizenship and Immigration Services (USCIS). On June 12, 2008, USCIS issued a fact sheet addressing frequently asked questions regarding the eligibility requirements for the two year EAD. In summary the fact sheet states:

  1. The two-year  EAD cards will be available to individuals with pending adjustment of status applications who have filed for an EAD and are currently unable to adjust their status to that of a permanent resident because an immigrant visa number is currently not available. Individuals with visa numbers that are available will continue to be granted EADs that are valid a one-year period.
  1. USCIS expects to implement these new rules for issuing EADs on June 30, 2008.
  1. Applicants who file for an initial EAD application with their adjustment of status application (Form I-485) will only receive a one-year EAD because such individuals can only file for adjustment of status if visa numbers are current. EAD Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses after their adjustment of status application is filed.
  1. The USCIS will decide whether to issue a two-year EAD based upon the most recent Department of State Visa Bulletin.

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