ARTICLE
1 March 2011

Immigration Alert: Work And Travel Made Easier For Adjustment Of Status Applicants

M
Mintz

Contributor

Mintz is a general practice, full-service Am Law 100 law firm with more than 600 attorneys. We are headquartered in Boston and have additional US offices in Los Angeles, Miami, New York City, San Diego, San Francisco, and Washington, DC, as well as an office in Toronto, Canada.
U.S. Citizenship and Immigration Services (USCIS) has finally made it easier for Adjustment of Status applicants to work and travel!
United States Immigration

U.S. Citizenship and Immigration Services (USCIS) has finally made it easier for Adjustment of Status applicants to work and travel!

Starting February 11, 2011, USCIS will begin issuing employment and travel authorization for Adjustment of Status applicants in a single card, doing away with the separate paper approvals formerly issued for travel authorization (otherwise known as Advance Parole). This card is to be issued when an applicant files an Application for Employment Authorization (Form I-765) and an Application for Travel Document (I-131) concurrently with, or after, filing a Form I-485, Application for Adjustment of Status.

The card looks similar to the current Employment Authorization Document (EAD) but will also include text that reads, "Serves as I-512 Advance Parole." USCIS will continue to issue separate EAD and Advance Parole Documents as needed; for example, if you file one application but not the other.

The card will be issued for a period of one or two years, depending on the availability of an immigrant visa for the applicant. USCIS has indicated that it may use its discretion to issue the card for a longer or shorter validity period "depending on the particulars of the case." USCIS has not issued any further guidance on which factors would compel them to use their discretion in such a matter.

Employers may accept this card as a List A document when completing the Employment Eligibility Verification on Form I-9.

A sample card is provided below:

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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