USCIS instructs adjudicators issuance of an Employment Authorization Document (EAD), Form I-766, with an advance parole endorsement for the I-485 applicants who file EAD and AP applications concurrently on or after December 21, 2010. The new policy for the single EAD/AP is that whenever possible, USCIS adjudicators will simultaneously adjudicate "concurrently filed" applications for employment authorization and applications for advance parole authorization filed by applicants for adjustment of status under 8 CFR 245 or to register status under 8 CFR 249.
If USCIS approves both applications, it will issue a single document, Form I-766, Advance Parole EAD, as provided in this Policy Memorandum. USCIS is also reviewing whether it is feasible to expand eligibility for an EAD with advance parole endorsement to other EAD recipients who are eligible for advance parole. See USCIS Announcement of 02/11/2011 below.
USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants
Feb. 11, 2011
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.
The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.
An applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485. USCIS will continue to issue separate EAD and Advance Parole documents as warranted. Employers may accept the new card as a List A document when completing the Employment Eligibility Verification, Form I-9.
As with the current Advance Parole document, obtaining a combined Advance Parole and employment authorization card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S., the individual who travels with the card must present the card to request parole through the port-of-entry. The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.
For more information about the EAD and Advance Parole card, see the related Questions and Answers. For more information on USCIS and its programs, visit www.uscis.gov.
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