Section 3: Employment Authorization Many stateless persons enjoy employment by virtue of being on an order of supervision. Stateless people must typically reapply for work authorization on an annual basis. This timeframe can be costly and onerous on a stateless individual who will need continuous and indefinite work authorization to avoid gaps in employment. By regulation, USCIS has the discretion to grant EADs.206 In some instances, an EAD’s validity period is linked to a person’s “status,” and in most cases, EADs are granted for a 1-year period.207 There is no specific validity period set out for stateless individuals, and where the statute does not specifically limit the time-period for an EAD grant, USCIS can determine the validity period of the work document.208 This presents an opportunity for stateless individuals to request and receive a multi-year EAD. Each section of the regulations governs the grant of an EAD to individuals depending on their status.209 Thus, each status is governed by different statutorily placed limitations, and do not appear to be transferable to another status. There are two sections relevant to stateless individuals: 1) Section 8 C.F.R. § 274a.12(c)(18) applies to individuals who have a final order of removal or deportation and who are released pursuant to an order of supervision. Specifically, this section states that a District Director has the discretion to grant an EAD if the individual “cannot be removed due to the refusal of all countries designated by the alien or under section 241 of the Act to receive the alien, or because removal of the alien is otherwise impracticable or contrary to the public interest.” Factors a District Director must consider when adjudicating this type of EAD application are whether the individual needs to be employed, whether there is a dependent, and how long the individual might stay in the United States before they can be removed. There is no discussion in §274a.12(c)(18) of a mandatory limit to the time period for which an EAD may be granted. 2) Section 8 C.F.R. §274a.12(c)(14) applies to persons granted deferred action. This determination is based on economic necessity, which must be established through a showing of current income, annual expenses, and assets. In a case where ICE grants deferred action with a request for work authorization, USCIS makes the final decision with regard to the work authorization. There is precedent for individuals with deferred action being granted multiple year EADs. For example, many individuals granted Deferred Action for Childhood Arrivals received two-year work authorization. Agency guidance supports granting a person with statelessness status a multi-year EAD, although this is not a standard practice. A DHS interim rule from 2004210 granted USCIS the ability to issue EADs for longer or Employment authorization is governed by 8 C.F.R. § 274a.12. See USCIS, Employment Authorization Document, available at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=820a0a5659083210VgnVC M100000082ca60aRCRD&vgnextchannel=820a0a5659083210VgnVCM100000082ca60aRCRD (last visited June 2, 2017). 208 8 C.F.R. § 274a.12(a); 8 C.F.R. § 274a.12(a)(5) (an example where a time limit is imposed in the statute; an EAD cannot be granted to an asylee for longer than 5 years). 209 8 C.F.R §274a.12. 210 In 2004, DHS issued an Interim Rule on Employment Authorization Documents, 69 Federal Regulation 45555, (Interim Rule) which amended the Bureau of Citizenship and Immigration Services (BCIS) internal regulations or policies for EADs. See Employment Authorization Documents, 69 FR 45555. 206 207 49