USCIS to Issue one Document to be Valid for Both Employment Authorization and Travel Permission

The Untied States Citizenship & Immigration Service (USCIS) announced today in an “Interim Memo for Comment” that it will eventually begin issuing one document to cover both employment authorization and travel permission, rather than an employment authorization card and a paper advance parole document. The comment period closes on February 28, 2011 and the memo is in effect “until further notice”.

The new card will be the current I-766 (Employment Authorization Document (EAD) and will have look like the current employment authorization card, but will have an endorsement indicating that reentry into the United States after international travel is also authorized.

This change in documentary procedures in no way changes the analysis of whether an individual is eligible for advance parole, and is remains extremely important to analyze whether an applicant for adjustment of status can, in fact, travel outside of the United States and be eligible to reenter given their personal immigration history. Hopefully, USCIS will continue to be as careful in adjudicating these applications and not inappropriately grant advance parole to someone who is ineligible.