On July 30, 2004, the U.S. Citizenship and Immigration Services (USCIS) published a rule, effective immediately, which allows it to issue Employment Authorization Documents (EAD) for periods of more or less than one year. Under previous regulations, USCIS was restricted to issuing EADs for a maximum validity period of one year.  This one year restriction had created inconvenience and expense both for foreign nationals and the USCIS. For example, as applications for adjustment to permanent resident status (AOS) can take 1-3 years depending on which USCIS office is processing the case, adjustment applicants were required to file for new EADs while their applications were being processed. Under the new rule, USCIS may determine validity based on factors such as the foreign national's status, processing times for the underlying application, length of background checks by other agencies, or whether an appeal is pending, and other factors.

Notably, USCIS may issue EADs for validity periods of less than one year at its discretion, and USCIS is not required to issue EADs for validity periods of over one year.

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