USCIS Issues Policy Guidance on Applications for Discretionary Employment Authorization Involving Certain Adjustment Applications or Deferred Action

USCIS issued policy guidance in the USCIS Policy Manual regarding applications for discretionary employment authorization based on 8 CFR 274a.12(c)(9) (pending application for adjustment of status under INA §245) or 8 CFR 274a.12(c)(14) (grant of deferred action). USCIS is also providing guidance outlining the categories of individuals eligible for discretionary employment authorization. Comments are due February 15, 2021.

Policy Highlights

• Provides guidance on applications for employment authorization filed by aliens with pending INA 245 adjustment applications or who have been granted deferred action, including how officers should apply discretion in the adjudication of these applications.
• Supersedes prior policy of issuing employment authorization for a validity period of 2 years for adjustment of status applicants applying under 8 CFR 274a.12(c)(9) in instances where no immigrant visa number is available to the applicant.