# USCIS Policy Manual, Vol. 10, Pt. A, Ch. 4: Adjudication > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/USCIS_PM_V10_PA_C4 ## Section - **Citation:** USCIS Policy Manual, Vol. 10, Pt. A, Ch. 4 - **Heading:** Adjudication - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** USCIS Policy Manual / Volume 10 - Employment Authorization / Part A - Employment Authorization Policies and Procedures / USCIS Policy Manual, Vol. 10, Pt. A, Ch. 4 ## Text On June 5, 2026, the U.S. District Court for the District of Rhode Island issued an order in Dorcas International Institute of Rhode Island, et al. v. United States Citizenship and Immigration Services, et al. , 26-cv-00132-JJM-PAS (D.RI.), vacating PM 602-0192, PM 602-0194, and PA 2025-26. The Court entered its final judgment on June 11, 2026. In this case, the plaintiffs are non-governmental organizations and labor unions who represent millions of individuals who filed immigration applications. USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review. The Policy Memoranda and the Policy Alert were issued based on Presidential Proclamation 10949, Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats , June 4, 2025, and Presidential Proclamation (PP) 10998, Restricting and Limiting the Entry of Foreign Nationals To Protect the Security of the United States , December 16, 2025, and to address the lack of screening, vetting, and the threat to national security and public safety. With entry of final judgment this order is effective immediately, and pursuant to the court-ordered vacatur, applies agency-wide. Thus, the vacatur applies to PM 602-0192, PM 602-0194, and PA 2025-26, which should be treated as if they are not in effect. USCIS will issue updated instructions pending further litigation developments. A. General Once USCIS accepts the Application for Employment Authorization ( Form I-765 ), USCIS reviews the application for completeness and submission of the required initial evidence. [1] In reviewing the Form I-765, USCIS ensures that the fee was paid, a fee waiver was granted, or a fee exemption applies. USCIS also reviews the application to determine the alien’s identity, current immigration status, and employment authorization eligibility category. t Authorization ( Form I-765 ), USCIS reviews the application for completeness and submission of the required initial evidence. [1] In reviewing the Form I-765, USCIS ensures that the fee was paid, a fee waiver was granted, or a fee exemption applies. USCIS also reviews the application to determine the alien’s identity, current immigration status, and employment authorization eligibility category. If an alien fails to specify the employment authorization eligibility category on the application, USCIS reviews the file to determine the proper category. If USCIS is unable to determine the category, USCIS may issue a Request for Evidence (RFE) to provide the alien the opportunity to specify the proper category. If the alien is eligible for employment authorization, which may include, if applicable, meriting a favorable exercise of discretion, USCIS approves the application and issues an Employment Authorization Document (EAD) on Form I-766. With certain exceptions, USCIS considers relevant country-specific facts and circumstances, such as insufficient vetting and screening information that limit USCIS’ ability to assess the risks aliens from certain countries pose to the United States, as a significant negative factor in its discretionary analysis. [2] In applicable cases, USCIS also considers circumstances where an alien has endorsed, promoted, supported, or otherwise espoused the views of an anti-American or terrorist organization or group, including those who support or promote antisemitic terrorism, antisemitic terrorist organizations, and antisemitic ideologies, to be an overwhelmingly negative factor in any applicable case involving USCIS discretionary analysis. Accordingly, USCIS enforces all relevant immigration laws to the maximum degree, including the use of discretion, to deny the benefit request involving such cases. [3] B. Determining Identity and Eligibility antisemitic terrorism, antisemitic terrorist organizations, and antisemitic ideologies, to be an overwhelmingly negative factor in any applicable case involving USCIS discretionary analysis. Accordingly, USCIS enforces all relevant immigration laws to the maximum degree, including the use of discretion, to deny the benefit request involving such cases. [3] B. Determining Identity and Eligibility There are two elements common to all eligibility categories that USCIS must consider when adjudicating Form I-765: identity and eligibility verification. Additionally, applications filed under 8 CFR 274a.12(c) , with limited exceptions, are considered in the exercise of discretion. [4] 1. Identity Verification To grant employment authorization, and issue an EAD, or both, USCIS must verify the alien’s identity. USCIS may therefore require an alien to appear at a USCIS Application Support Center to provide biometrics. [5] 2. Eligibility Verification USCIS must verify that the alien meets the requirements of one of the categories eligible for employment authorization, an EAD, or both and has submitted evidence establishing eligibility. [6] The specific type of evidence varies by eligibility category. In general, supporting evidence to establish eligibility includes, but is not limited to: - Visa(s) issued to alien; - Arrival-Departure Record (Form I-94); [7] - Documents to establish a qualifying relationship; and - Documents that establish a qualifying pending or approved application, such as a Notice of Action (Form I-797). Generally, USCIS issues written notices in the form of an RFE or Notice of Intent to Deny (NOID) to request missing initial [8] or additional evidence. [9] C. Decision 1. Approval Once USCIS determines the alien has established identity and eligibility for employment authorization including, where applicable, a favorable determination in the exercise of discretion, USCIS approves Form I-765 and orders production of the EAD. [10] ices in the form of an RFE or Notice of Intent to Deny (NOID) to request missing initial [8] or additional evidence. [9] C. Decision 1. Approval Once USCIS determines the alien has established identity and eligibility for employment authorization including, where applicable, a favorable determination in the exercise of discretion, USCIS approves Form I-765 and orders production of the EAD. [10] The approval of Form I-765 does not grant the alien an immigration status; it simply provides authorization to work and accompanying evidence of such authorization, or evidence of authorization to work where an alien is already authorized to work by virtue of the alien’s immigration status or circumstance. Validity Period Employment authorization and EAD validity periods are generally determined based on the eligibility category that is granted. USCIS determines validity periods as established by regulations, policy, or Federal Register Notices. When requests for employment authorization, an EAD, or both are based upon an underlying period of admission or status, the validity period generally coincides with that authorized period of admission or status. When USCIS calculates the validity dates based on a set number of years, USCIS issues the EAD with the length of time allowed, minus 1 day. The below charts illustrate the maximum validity period that may be granted for requests for initial employment authorization, EAD, or both and requests to renew employment authorization, EAD, or both. For employment authorization incident to status, the validity period is assigned to the document issued evidencing an alien’s authorization to work in the United States and does not limit the period of employment authorization while the alien maintains status. [11] Category 8 CFR 274a.12 Category 8 CFR 274a.12 rization, EAD, or both and requests to renew employment authorization, EAD, or both. For employment authorization incident to status, the validity period is assigned to the document issued evidencing an alien’s authorization to work in the United States and does not limit the period of employment authorization while the alien maintains status. [11] Category 8 CFR 274a.12 Category 8 CFR 274a.12 USCIS considers various factors when establishing validity periods for EADs, including the validity period of the underlying immigration status or circumstance, anticipated adjudication timeframes for pending immigration benefits, and the periodic need to reevaluate eligibility for employment authorization, EAD, or both, and to ensure that such aliens continue to pose no known security risk to the United States. The validity date of the initial EAD begins on the date of approval. Generally, the same applies to Form I-765 renewal requests. Validity Period for Replacements USCIS approves a replacement EAD for the same validity dates and category as the original EAD. Validity Period for Age Outs For certain categories [75] where the alien is a dependent child and will reach the age of 21 during the established validity period, USCIS provides an EAD expiration date that is the day before the alien’s 21st birthday. 2. Denial If USCIS cannot verify the alien’s identity, the alien fails to establish eligibility (including, if applicable, failing to warrant a favorable determination in the exercise of discretion) or abandons the application, USCIS denies the application. When USCIS denies Form I-765, USCIS notifies the alien in writing of the decision and the reasons for denial. [76] There is no appeal from a denial of a Form I-765. However, an alien may submit a motion to reopen or reconsider. [7 7 ] Furthermore, denial of Form I-765 does not preclude the alien from filing again if eligibility for employment authorization can be established. D. Early Filing ion. When USCIS denies Form I-765, USCIS notifies the alien in writing of the decision and the reasons for denial. [76] There is no appeal from a denial of a Form I-765. However, an alien may submit a motion to reopen or reconsider. [7 7 ] Furthermore, denial of Form I-765 does not preclude the alien from filing again if eligibility for employment authorization can be established. D. Early Filing If an alien files for a renewal EAD more than 180 days before the current EAD expires and USCIS approves such request, USCIS generally does not backdate or postdate the renewal EAD in relation to the current EAD’s validity period. E. Automatic Termination and Revocation on Notice Employment authorization automatically terminates if the alien is no longer eligible due to certain circumstances outlined in the regulations. [78] No further action or notice by USCIS is necessary in the case of automatic termination. [79] A notice of intent to revoke (NOIR) [80] is necessary upon a determination that: - The statement of material facts contained in the application was not true and correct; - The alien violated the terms and conditions of the approved application; - The basis for the EAD is no longer valid; [81] or - USCIS approved the application in error. A response with countervailing evidence may be submitted within 15 days from the date of service of the NOIR. F. Withdrawing Application An alien may withdraw Form I-765 at any time before USCIS makes a final decision on the application. [82] Any request to withdraw must be made in writing to the USCIS office listed on the receipt notice for Form I-765. The alien or an authorized representative with a properly filed Notice of Entry of Appearance as Attorney or Accredited Representative ( Form G-28 ) must sign the withdrawal request. G. Motion to Reopen or Reconsider any time before USCIS makes a final decision on the application. [82] Any request to withdraw must be made in writing to the USCIS office listed on the receipt notice for Form I-765. The alien or an authorized representative with a properly filed Notice of Entry of Appearance as Attorney or Accredited Representative ( Form G-28 ) must sign the withdrawal request. G. Motion to Reopen or Reconsider An alien may submit a motion to reopen or a motion to reconsider by filing a Notice of Appeal or Motion ( Form I-290B ) within 30 days of the denial (33 days if denial notice was mailed to the alien). Motions to reopen or reconsider are typically adjudicated by the same office that adjudicated Form I-765. USCIS issues a written decision on a motion to reopen or reconsider. An officer denies a motion if the alien does not meet the motion requirements or has not submitted evidence to overcome the denial grounds. The written denial explains why the motion did not overcome the denial grounds. An officer approves a motion and reopens the Form I-765 if the alien meets the motion requirements and has submitted evidence to overcome all reasons for the original denial. [83] If USCIS reopens the case, an officer may approve the Form I-765 or issue a new denial. In all cases where USCIS denies the application for reasons not contained in the original decision, USCIS first issues a NOID to provide the alien with an opportunity to review and rebut the additional denial grounds. [ 8 4] When USCIS reopens the case but ultimately denies the Form I-765, the 30-day period during which the alien may file a new motion restarts. H. Effect of Motion or Appeal on Underlying Application or Petition he application for reasons not contained in the original decision, USCIS first issues a NOID to provide the alien with an opportunity to review and rebut the additional denial grounds. [ 8 4] When USCIS reopens the case but ultimately denies the Form I-765, the 30-day period during which the alien may file a new motion restarts. H. Effect of Motion or Appeal on Underlying Application or Petition The alien is eligible to apply for employment authorization in cases where the alien’s eligibility for employment authorization is based on an underlying application so long as that application remains pending. Generally, in cases where USCIS denies the underlying application, the alien remains eligible for employment authorization if the alien timely appeals or submits a motion to reopen the decision, and the appeal or motion remains pending. If USCIS grants a motion to reopen or an appeal on the underlying application, the alien is eligible for employment authorization if all other requirements are met. If an alien appeals an unfavorable decision from an application for relief from removal from the immigration judge (IJ) to the Board of Immigration Appeals (BIA), the application for relief from removal is considered pending. If the BIA sustains the IJ’s decision, however, the denial becomes administratively final, and the application may no longer serve as a basis for employment authorization. I. Automatic Extensions of Employment Authorization Documents Aliens in certain employment eligibility categories who file Form I-765 to renew their EADs may receive automatic extensions of their expiring EAD. [85] Footnotes [1] For a list of required initial evidence, see Instructions for Form I-765 and the Checklist of Required Initial Evidence for Form I-765 webpage. [2] For more information, see Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 8, Discretionary Analysis [ 1 USCIS-PM E.8 ]. rm I-765 to renew their EADs may receive automatic extensions of their expiring EAD. [85] Footnotes [1] For a list of required initial evidence, see Instructions for Form I-765 and the Checklist of Required Initial Evidence for Form I-765 webpage. [2] For more information, see Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 8, Discretionary Analysis [ 1 USCIS-PM E.8 ]. [3] See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 8, Discretionary Analysis [ 1 USCIS-PM E.8 ]. For a list of factors that should be considered in the discretionary analysis, See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 8, Discretionary Analysis, Section C, Adjudicating Discretionary Benefits, Subsection 2, Identifying Discretionary Factors [ 1 USCIS-PM E.8(C)(2) ]. [4] See 8 CFR 274a.13(a)(1) . See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 8, Discretionary Analysis [ 1 USCIS-PM E.8 ]. For a list of factors that should be considered in the discretionary analysis, See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 8, Discretionary Analysis, Section C, Adjudicating Discretionary Benefits, Subsection 2, Identifying Discretionary Factors [ 1 USCIS-PM E.8(C)(2) ]. [5] See 8 CFR 103.2(b)(9) . For further guidance on biometrics, see Volume 1, General Policies and Procedures, Part C, Biometrics Collection and Security Checks [ 1 USCIS-PM C ]. [6] See 8 CFR 103.2(b)(1) . [7] CBP implemented an electronic, automated I-94 process whereby CBP issues an electronic Form I-94. See Arrival/Departure Forms: I-94 and I-94W webpage for more information. [8] See 8 CFR 103.2(b)(1) . [9] For further guidance on evidence, see Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence [ 1 USCIS-PM E.6 ]. 1 USCIS-PM C ]. [6] See 8 CFR 103.2(b)(1) . [7] CBP implemented an electronic, automated I-94 process whereby CBP issues an electronic Form I-94. See Arrival/Departure Forms: I-94 and I-94W webpage for more information. [8] See 8 CFR 103.2(b)(1) . [9] For further guidance on evidence, see Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence [ 1 USCIS-PM E.6 ]. [10] With limited exceptions, applications under 8 CFR 274a.12(c) are granted in the discretion of USCIS. See 8 CFR 274a.13(a)(1) . In such cases, USCIS also determines whether the application should be granted in the exercise of discretion. [11] See 8 CFR 274a.12(a) . [12] Initial EAD validity period starts the day of adjudication of Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act ( Form I-687 ). [13] See INA 207 . [14] See INA 207 . [15] See Section 100003(b)(1) of HR-1—One Big Beautiful Bill Act, Subtitle A, Title X of Pub. L. 119-21 (PDF) , 139 Stat. 72 (July 4, 2025). See 90 FR 34511 (PDF) (Jul. 22, 2025). See USCIS Updates Fees Based on H.R.1 (July 18, 2025). [16] See Section 100010(b) of HR-1—One Big Beautiful Bill Act, Subtitle A, Title X of Pub. L. 119-21 (PDF) , 139 Stat. 72 (July 4, 2025). See 90 FR 34511 (PDF) (Jul. 22, 2025). See USCIS Updates Fees Based on H.R.1 (July 18, 2025). [17] See INA 208 . [18] See INA 101(a)(15)(K)(i) . [19] See INA 101(a)(27)(I) . [20] Validity period for EADs within this category is to the expiration date of Arrival-Departure Record (Form I-94) or to the end of Application to Extend/Change Nonimmigrant Status ( Form I-539 ) validity period not to exceed 2 years. [21] Extension of stay is granted in 2-year intervals awaiting approval of Petition for Alien Relative ( Form I-130 ). [22] Based on Presidential declaration. [23] Based on Presidential declaration. [24] See INA 244A(b) . xpiration date of Arrival-Departure Record (Form I-94) or to the end of Application to Extend/Change Nonimmigrant Status ( Form I-539 ) validity period not to exceed 2 years. [21] Extension of stay is granted in 2-year intervals awaiting approval of Petition for Alien Relative ( Form I-130 ). [22] Based on Presidential declaration. [23] Based on Presidential declaration. [24] See INA 244A(b) . [25] See Section 100003(c)(1) of HR-1—One Big Beautiful Bill Act, Subtitle A, Title X of Pub. L. 119-21 (PDF) , 139 Stat. 72 (July 4, 2025). See 90 FR 34511 (PDF) (Jul. 22, 2025). See USCIS Updates Fees Based on H.R.1 (July 18, 2025). [26] See Section 100012(b) of HR-1—One Big Beautiful Bill Act, Subtitle A, Title X of Pub. L. 119-21 (PDF) , 139 Stat. 72 (July 4, 2025). See 90 FR 34511 (PDF) (Jul. 22, 2025). See USCIS Updates Fees Based on H.R.1 (July 18, 2025). [27] Initial EAD is automatically issued upon approval of Application for Family Unity Benefits ( Form I-817 ). Aliens filing under this category should only file Form I-765 if seeking a replacement EAD that was lost, stolen, mutilated, or destroyed, or that contain an error. For more information on how to request a replacement, see Volume 11, Travel and Identity Documents, Part A, Secure Identity Documents Policies and Procedures, Chapter 3, Reissuance of Secure Identity Documents [ 11 USCIS-PM A.3 ]. [28] All Form I-817 validity period. [29] All Form I-817 validity period. [30] Initial and renewal EADs are automatically issued upon approval of Application for Family Unity Benefits ( Form I-817 ). Aliens filing under this category should only file Form I-765 if seeking a replacement EAD that was lost, stolen, mutilated, or destroyed, or that contain an error. For more information on how to request a replacement, see Volume 11, Travel and Identity Documents, Part A, Secure Identity Documents Policies and Procedures, Chapter 3, Reissuance of Secure Identity Documents [ 11 USCIS-PM A.3 ]. 7 ). Aliens filing under this category should only file Form I-765 if seeking a replacement EAD that was lost, stolen, mutilated, or destroyed, or that contain an error. For more information on how to request a replacement, see Volume 11, Travel and Identity Documents, Part A, Secure Identity Documents Policies and Procedures, Chapter 3, Reissuance of Secure Identity Documents [ 11 USCIS-PM A.3 ]. [31] See Section 1504 of the LIFE Act Amendments of 2000, Pub. L. 106-554 (PDF) , 114 Stat. 2763, 2763A-325 (December 21, 2000). See 8 CFR 245a.34(c) . [32] See Section 1504 of the LIFE Act Amendments of 2000, Pub. L. 106-554 (PDF) , 114 Stat. 2763, 2763A-325 (December 21, 2000). See 8 CFR 245a.34(c) . [33] If visa is extended. [34] Initial EAD is automatically issued upon approval of the Application for T Nonimmigrant Status ( Form I-914 ). Aliens filing under this category should only file Form I-765 if seeking a replacement EAD that was lost, stolen, mutilated, or destroyed, or that contain an error. For more information on how to request a replacement, see Volume 11, Travel and Identity Documents, Part A, Secure Identity Documents Policies and Procedures, Chapter 3, Reissuance of Secure Identity Documents [ 11 USCIS-PM A.3 ]. [35] Renewal EAD issuance is based on an approved Application to Extend/Change Nonimmigrant Status ( Form I-539 ) extending T-1 nonimmigrant status. [36] If the alien is in the United States, the initial EAD is automatically issued upon approval of the Petition for U Nonimmigrant Status ( Form I-918 ). Aliens filing under this category should only file Form I-765 if Form I-918 was approved while the alien was residing outside of the United States, has been lawfully admitted to the United States as a U-1 nonimmigrant, and now seeks to obtain an EAD as evidence of employment authorization. U-1 nonimmigrants may also file Form I-765 if seeking a replacement EAD that was lost, stolen, mutilated, or destroyed, or that contain an error hould only file Form I-765 if Form I-918 was approved while the alien was residing outside of the United States, has been lawfully admitted to the United States as a U-1 nonimmigrant, and now seeks to obtain an EAD as evidence of employment authorization. U-1 nonimmigrants may also file Form I-765 if seeking a replacement EAD that was lost, stolen, mutilated, or destroyed, or that contain an error. For more information on how to request a replacement, see Volume 11, Travel and Identity Documents, Part A, Secure Identity Documents Policies and Procedures, Chapter 3, Reissuance of Secure Identity Documents [ 11 USCIS-PM A.3 ]. [37] Renewal EAD issuance is based on an approved Application to Extend/Change Nonimmigrant Status ( Form I-539 ) extending U nonimmigrant status. [38] Derivative U nonimmigrants are employment authorized incident to status, however an EAD is not automatically issued. If a derivative U nonimmigrant seeks to obtain an EAD as evidence of employment authorization, the derivative may file Form I-765. [39] Renewal EAD issuance is based on an approved Application to Extend/Change Nonimmigrant Status ( Form I-539 ) extending U nonimmigrant status. [40] See 8 CFR 214.2(a)(2) . [41] See 8 CFR 214.2(e) . [42] No more than two lifetime OPT extensions may be authorized. [43] Validity period may not exceed program end date. [44] See 8 CFR 214.2(f)(9)(ii)(D) . Employment authorization is not to exceed the recommendation from the designated school official (DSO) or the student’s program end date. However, USCIS may grant aliens seeking special student relief (SSR) employment authorization for periods longer than 1 year, dependent on the validity period of the Federal Register notice. [45] See 8 CFR 214.2(f)(9)(ii)(D) . Renewal of the employment authorization is not to exceed the recommendation from the DSO or the F-1 student’s program end date. ial (DSO) or the student’s program end date. However, USCIS may grant aliens seeking special student relief (SSR) employment authorization for periods longer than 1 year, dependent on the validity period of the Federal Register notice. [45] See 8 CFR 214.2(f)(9)(ii)(D) . Renewal of the employment authorization is not to exceed the recommendation from the DSO or the F-1 student’s program end date. [46] By notice in the Federal Register, USCIS may grant aliens seeking SSR employment authorization for the duration of the Federal Register notice, although this period of authorization is not to exceed the F-1 student’s academic program end date. For more information on SSR, see Volume 2, Nonimmigrants, Part F, Students (F, M), Chapter 6, Employment, Section B, Off-Campus Employment, Subsection 2, Severe Economic Hardship due to Emergent Circumstances (Special Student Relief) [ 2 USCIS-PM F.6(B)(2) ]. [47] By notice in the Federal Register, USCIS may grant aliens seeking SSR employment authorization for the duration of the Federal Register notice, not to exceed the F-1 student’s academic program end date. For more information on SSR, see Volume 2, Nonimmigrants, Part F, Students (F, M), Chapter 6, Employment, Section B, Off-Campus Employment, Subsection 2, Severe Economic Hardship due to Emergent Circumstances (Special Student Relief) [ 2 USCIS-PM F.6(B)(2) ]. [48] See 8 CFR 214.2(g) , and who presents an endorsement from an authorized representative from DOS. [49] The alien may be employed only in an occupation or vocation directly related to the alien’s course of study as recommended by the endorsement of the designated school official on Form I-20. re Economic Hardship due to Emergent Circumstances (Special Student Relief) [ 2 USCIS-PM F.6(B)(2) ]. [48] See 8 CFR 214.2(g) , and who presents an endorsement from an authorized representative from DOS. [49] The alien may be employed only in an occupation or vocation directly related to the alien’s course of study as recommended by the endorsement of the designated school official on Form I-20. [50] Aliens seeking adjustment of status under other provisions of law may also apply for employment authorization under the (c)(9) category, such as aliens seeking to adjust under the Cuban Adjustment Act, Pub. L. 89-732 (PDF) (November 2, 1966), as amended, and aliens seeking to adjust status under other public laws. For more information, see the Form I-765 instructions and USCIS.gov . [51] Includes aliens who filed an Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA) ( Form I-881 ) and the application remains pending with the asylum office or with the Executive Office for Immigration Review (EOIR), and aliens who filed an Application for Suspension of Deportation ( Form EOIR-40 ), or Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents ( Form EOIR-42B ) directly with EOIR. [52] See INA 212(d)(5)(A) . See 8 CFR 212.5 . However, DHS has decided as a matter of policy to provide the benefit of employment authorization incident to parole akin to what is normally accorded to refugees (as well as a no-fee initial and replacement of an initial Employment Authorization Document) to certain Afghan parolees and certain Ukrainian parolees so that they receive similar treatment as refugees, which aligns with the spirit of legislation that states that certain Afghan parolees and certain Ukrainian parolees “shall be eligible for . . . other benefits available to refugees . . . .” See Section 2502(b) of the Extending Government Funding and Delivering Emergency Assistance Act, Pub. L ertain Afghan parolees and certain Ukrainian parolees so that they receive similar treatment as refugees, which aligns with the spirit of legislation that states that certain Afghan parolees and certain Ukrainian parolees “shall be eligible for . . . other benefits available to refugees . . . .” See Section 2502(b) of the Extending Government Funding and Delivering Emergency Assistance Act, Pub. L. 117-43 (PDF) , 135 Stat. 344, 377 (September 30, 2021), amended by Section 1501 of Division M of the Consolidated Appropriations Act of 2023, Pub. L. 117-328 (PDF) , 136 Stat. 4459, 5189 (December 29, 2022), and Section 401(b) of the Additional Ukraine Supplemental Appropriations Act, Pub. L. 117-128 (PDF) , 136 Stat. 1211, 1218 (May 21, 2022). Consequently, individuals covered by these circumstances are employment authorized incident to parole. For more information on employment eligibility for aliens, see Chapter 2, Eligibility Requirements [ 10 USCIS-PM A.2 ]. [53] See Section 100003(b)(1) of HR-1—One Big Beautiful Bill Act, Subtitle A, Title X of Pub. L. 119-21 (PDF) , 139 Stat. 72 (July 4, 2025). See 90 FR 34511 (PDF) (Jul. 22, 2025). See USCIS Updates Fees Based on H.R.1 (July 18, 2025). [54] See Section 100010(b) of HR-1—One Big Beautiful Bill Act, Subtitle A, Title X of Pub. L. 119-21 (PDF) , 139 Stat. 72 (July 4, 2025). See 90 FR 34511 (PDF) (Jul. 22, 2025). See USCIS Updates Fees Based on H.R.1 (July 18, 2025). [55] CNMI refers to the Commonwealth of the Northern Mariana Islands. This category includes a spouse of a long-term investor in the CNMI other than an E-2 CNMI investor who obtained such status based on a foreign retiree investment certificate. See 8 CFR 214.2(e)(23) . DF) , 139 Stat. 72 (July 4, 2025). See 90 FR 34511 (PDF) (Jul. 22, 2025). See USCIS Updates Fees Based on H.R.1 (July 18, 2025). [55] CNMI refers to the Commonwealth of the Northern Mariana Islands. This category includes a spouse of a long-term investor in the CNMI other than an E-2 CNMI investor who obtained such status based on a foreign retiree investment certificate. See 8 CFR 214.2(e)(23) . [56] Generally, the alien must establish an economic necessity for employment, see 8 CFR 274a.12(c)(14) . However, principal petitioners for U nonimmigrant status and their qualifying family members living in the United States do not need to submit proof of economic necessity to receive a bona fide determination EAD under category (c)(14) as there is a presumption of economic necessity. See U Visa and Bona Fide Determination Process - Frequently Asked Questions . [57] Generally, the alien must establish an economic necessity for employment, see 8 CFR 274a.12(c)(14) . However, principal petitioners for U nonimmigrant status and their qualifying family members living in the United States do not need to submit proof of economic necessity to receive a bona fide determination EAD under category (c)(14) as there is a presumption of economic necessity. See U Visa and Bona Fide Determination Process - Frequently Asked Questions . [58] Includes a nonimmigrant visitor for business (B-1) who is a personal or domestic employee of an alien admitted as a nonimmigrant. See 8 CFR 214.2(b), (e), (f), (h), (i), (j), (l), (m), (o), (p), (q), (r) or under INA 214(e) . [59] Includes a B-1 nonimmigrant who is the domestic employee of a U.S. citizen who has a permanent foreign home or is stationed in a foreign country, and who is temporarily visiting the United States. [60] Includes a B-1 nonimmigrant who is an employee of a foreign airline engaged in international transport. [61] Includes an alien with a final order of deportation or removal, and who is released on an order of supervision. See INA 241(a)(3) . [62] See INA 244 . S. citizen who has a permanent foreign home or is stationed in a foreign country, and who is temporarily visiting the United States. [60] Includes a B-1 nonimmigrant who is an employee of a foreign airline engaged in international transport. [61] Includes an alien with a final order of deportation or removal, and who is released on an order of supervision. See INA 241(a)(3) . [62] See INA 244 . [63] See Section 100003(c)(1) of HR-1—One Big Beautiful Bill Act, Subtitle A, Title X of Pub. L. 119-21 (PDF) , 139 Stat. 72 (July 4, 2025). See 90 FR 34511 (PDF) (Jul. 22, 2025). See USCIS Updates Fees Based on H.R.1 (July 18, 2025). [64] See Section 100012(b) of HR-1—One Big Beautiful Bill Act, Subtitle A, Title X of Pub. L. 119-21 (PDF) , 139 Stat. 72 (July 4, 2025). See 90 FR 34511 (PDF) (Jul. 22, 2025). See USCIS Updates Fees Based on H.R.1 (July 18, 2025). [65] Includes a principal nonimmigrant witness or informant in S classification and qualified dependent family members. [66] Evidentiary requirements and validity time frame is determined by law enforcement agency (LEA) need. [67] See Section 1104 of the LIFE Act Amendments, Pub. L. 106-554 (PDF) , 114 Stat. 2763, 2763A-325 (December 21, 2000). [68] Initial and renewal requests for employment authorization under this category are adjudicated on Application for Employment Authorization for Abused Nonimmigrant Spouse ( Form I-765V ). [69] Initial and renewal requests for employment authorization under this category are adjudicated on Form I-765V. [70] Initial and renewal requests for employment authorization under this category are adjudicated on Form I-765V. [71] Initial and renewal requests for employment authorization under this category are adjudicated on Form I-765V. [72] This covers the eligibility category for employment authorization based on a grant of deferred action. See 8 CFR 274a.12(c)(14) . The (c)(33) code is used to distinguish DACA from other forms of deferred action. authorization under this category are adjudicated on Form I-765V. [71] Initial and renewal requests for employment authorization under this category are adjudicated on Form I-765V. [72] This covers the eligibility category for employment authorization based on a grant of deferred action. See 8 CFR 274a.12(c)(14) . The (c)(33) code is used to distinguish DACA from other forms of deferred action. [73] See Section 100003(b)(1) of HR-1—One Big Beautiful Bill Act, Subtitle A, Title X of Pub. L. 119-21 (PDF) , 139 Stat. 72 (July 4, 2025). See 90 FR 34511 (PDF) (Jul. 22, 2025). See USCIS Updates Fees Based on H.R.1 (July 18, 2025). [74] See Section 100010(b) of HR-1—One Big Beautiful Bill Act, Subtitle A, Title X of Pub. L. 119-21 (PDF) , 139 Stat. 72 (July 4, 2025). See 90 FR 34511 (PDF) (Jul. 22, 2025). See USCIS Updates Fees Based on H.R.1 (July 18, 2025). [75] See 8 CFR 274a.12(c)(5) and 8 CFR 274a.12(c)(35) . [76] See 8 CFR 103.3 . [77] See Section G, Motion to Reopen or Reconsider [ 10 USCIS-PM A.4(G) ]. See Notice of Appeal or Motion ( Form I-290B ). See 8 CFR 103.5 . [78] See 8 CFR 274a.14 . [79] See 8 CFR 274a.14(a)(2) . [80] See 8 CFR 274a.14(b) . [81] For example, for a Form I-765 filed on the basis of an Application to Register Permanent Residence or Adjust Status ( Form I-485 ), and USCIS denied the Form I-485. [82] See 8 CFR 103.2(b)(6) . [83] See 8 CFR 103.5 . [84] See 8 CFR 103.2(b)(16) . Generally, USCIS issues a statutory denial without prior issuance of a Request for Evidence (RFE) or a NOID on any application, petition, or request that does not have any basis upon which the alien may be approved. [85] For more information on automatic EAD extension requirements, see 5.0 Automatic Extensions of Employment Authorization and/or Employment Authorization Documents (EADs) in Certain Circumstances in the USCIS Handbook for Employers M-274 . For eligible automatic extension EAD categories, see the Automatic Employment Authorization Document (EAD) Extension webpage. ## Nearby sections - [USCIS Policy Manual, Vol. 10, Pt. A, Ch. 1 Purpose and Background](https://www.frixlaw.com/law-library/statutes/USCIS_PM_V10_PA_C1.md) - [USCIS Policy Manual, Vol. 10, Pt. A, Ch. 2 Eligibility Requirements](https://www.frixlaw.com/law-library/statutes/USCIS_PM_V10_PA_C2.md) - [USCIS Policy Manual, Vol. 10, Pt. A, Ch. 4 Adjudication](https://www.frixlaw.com/law-library/statutes/USCIS_PM_V10_PA_C4.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/USCIS_PM_V10_PA_C4. Check the current official text before relying on it. Not legal advice.