Individuals granted U Nonimmigrant Status receive U status for up to four years. They are eligible to apply for lawful permanent resident status through adjustment of status after three years of U Nonimmigrant Status if they meet certain requirements.
An application filed before the U Nonimmigrant Status expires extends U Nonimmigrant Status while the adjustment of status application is pending. It also extends employment authorization for one year after the date of expiry of the U Nonimmigrant Status. Thus, U Nonimmigrant Status holders who apply for adjustment of status before their U Nonimmigrant status expires can benefit from a whole additional year of employment authorization while they wait for a new employment authorization document to be issued or their lawful permanent residence to be approved.
An application for renewal of employment authorization is filed with an application for adjustment of status; however, USCIS processing times can be long and there can be delays in obtaining the new employment authorization document. Awareness of the extension can help avoid gaps in work authorization while waiting for a new card to be issued.
Previously, I-485 Adjustment of Status application receipt notices contained information about the extension and facilitated employers’ understanding of this extension. However, it appears that the Trump administration is no longer including that information on the receipt notices.
Thus, applicants for adjustment of status based on U Nonimmigrant Status can present the following documents as proof of employment authorization for an additional year to their employers after their four-year employment authorization document expires:
- I-797 I-918 U Nonimmigrant Visa Approval Notice with I-94 card,
- I-797 I-485 Application for Adjustment of Status Receipt Notice, and
- Expired Employment Authorization Document
Current clients of the Logan Firm should contact us for assistance if their employers require a letter or more information.
Additional resources for employers: