Interim Rule on Multi-Year EADs

From immigration-law.com

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07/30/2004: USCIS Published Rule Removing Limitation for Period for EAD

The USCIS published this desirable rule today. This removes the limitation for the USCIS to issue EAD for one-year validity period. Consequently, the USCIS is allowed to issue EAD for period longer or shorter than the one-year EAD which the immigration community is familiar with. The USCIS determine the validity period of EAD each time a new EAD is applied, or a renewal EAD is applied, or a replacement EAD is applied on the basis of the following standards:

1. Immigration status of the applicant
2. General processing time for underlying application or petition
3. Required background checks and response times for background checks by other agencies
4. Other security considerations or factors.

Where a political asylum is granted by the immigration court, USCIS will issue the EAD valid upto five (5) years.

This rule is effective today.

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Frodo,

Thanks for posting it.
one question to the community, thghou: Do you see a situation where processing time is extended beyond the 90-120 days it is at right now? in other words, will the ability to provide EAD's for longer than 1 year, require USCIS to perfom more tasks prior to approval, hence increase the waiting time?

Any thoughts?
 
gvaknin said:
Frodo,

Thanks for posting it.
one question to the community, thghou: Do you see a situation where processing time is extended beyond the 90-120 days it is at right now? in other words, will the ability to provide EAD's for longer than 1 year, require USCIS to perfom more tasks prior to approval, hence increase the waiting time?

Any thoughts?

That thought crossed my mind too. An ounce of additional work translates into a pound of delays......

But EAD and APs are considered time sensitive petitions, and hopefully they won't delay these. Now will that indirectly affect other petitions? Hope not.
 
frodo, thanks. I hope not, but can't tell.
one thing to remember is that at the end of the day, all 4 points described in your note are regular acrivities that are taking place with current applications, I think what is going to determine the answer to this question is if they are going to have additional tasks......in any case, I am a 1/8/03 applicant, that is in the middle of my 2nd EAD and AP. I am planning on applying for new ones in mid-November, unless I am approved prior to that.
Good luck to all,
 
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