USCIS Reduces EAD Validity from 5 Years to 18 Months
Summary
- Effective December 5, 2025, U.S. Citizenship and Immigration Services (USCIS) has reduced the maximum validity period for Employment Authorization Documents (EADs) from five years to 18 months for several high-volume categories, including pending adjustment of status and asylum applicants.
- The policy shift follows the implementation of the “One Big Beautiful Bill Act” (H.R. 1), which limits EADs for parolees and Temporary Protected Status (TPS) beneficiaries to a maximum of one year.
- USCIS attributes the shortened validity periods to a need for more frequent vetting and background checks to enhance national security and program integrity.
- Employers and foreign nationals must prepare for increased administrative burdens, higher renewal costs, and a heightened risk of work authorization gaps due to more frequent filing requirements.
On December 4, 2025, U.S. Citizenship and Immigration Services (USCIS) published a significant update to its Policy Manual, reversing a 2023 initiative that had extended the maximum validity of Employment Authorization Documents (EADs) to five years. Under the new guidance, which became effective on December 5, 2025, the agency has reduced the maximum duration of work permits to 18 months for several core immigration categories. This administrative change is designed to facilitate more frequent vetting of foreign nationals residing in the United States. By requiring more regular renewals, the government aims to perform updated background checks and confirm continued eligibility for benefits more often. However, the shift is expected to significantly increase the volume of applications handled by the agency, potentially exacerbating existing backlogs and creating logistical challenges for U.S. employers and their workforce.
Background
An Employment Authorization Document (EAD) is a card issued by USCIS that provides temporary authorization for non-citizens to work legally in the United States. While some immigration statuses (such as E-2 or L-1) grant work authorization “incident to status,” many humanitarian and pending-status applicants must apply for a separate EAD using Form I-765.
The December 2025 update impacts a wide range of individuals. The specific categories subject to the new 18-month maximum validity include:
- Refugees (A03) and Asylees (A05): Individuals admitted for humanitarian protection.
- Withholding of Removal Grantees (A10): Those granted protection from deportation to a specific country.
- Pending Asylum Applicants (C08): Individuals with a Form I-589 application awaiting adjudication.
- Pending Adjustment of Status Applicants (C09): Foreign nationals seeking to become Lawful Permanent Residents (green card holders).
- Pending Suspension of Deportation/Cancellation of Removal Applicants (C10): Individuals seeking relief in immigration court.
Additionally, the update incorporates mandates from the One Big Beautiful Bill Act (H.R. 1), signed into law on July 4, 2025. This legislation specifically targets categories such as parolees and TPS holders, restricting their EAD validity to a maximum of one year or the duration of their underlying status, whichever is shorter.
Key Takeaways
The transition to shorter EAD validity periods carries several practical and legal implications for stakeholders:
Effective Dates and Applicability
The 18-month validity limit applies to all Form I-765 applications that were pending on December 5, 2025, as well as those filed on or after that date. Crucially, EADs issued prior to this date remain valid until the expiration date printed on the card. This ensures that the policy is not applied retroactively to documents already in the possession of foreign nationals.
Increased Administrative Burden and Costs
Because validity periods have been reduced from five years to 18 months, affected individuals will need to file renewal applications more than three times as often as previously required. Each filing typically requires the payment of a government fee (unless a fee waiver applies) and a new round of biometrics collection. For employers who subsidize these costs for their employees, this represents a significant increase in recurring immigration expenses.
Heightened Risk of Employment Gaps
The reduction in validity comes shortly after a separate USCIS rule (effective October 30, 2025) that terminated the 540-day automatic extension for most EAD renewal applicants. Without the safety net of a long-term automatic extension, and with cards expiring more frequently, the likelihood of a “gap” in work authorization increases. If USCIS does not adjudicate a renewal application within 18 months, the employee will lose their legal right to work until the new card arrives.
Employer Compliance and I-9 Reverification
U.S. employers must now implement more robust tracking systems to monitor expiration dates. Given the current processing climate, practitioners recommend that employers notify employees of an upcoming EAD expiration at least eight months in advance. This allows the employee to file for a renewal as soon as they reach the 180-day filing window, providing the maximum possible time for USCIS adjudication.
The USCIS Policy Manual update marks a return to more restrictive work authorization durations, emphasizing vetting and security over administrative efficiency. While the agency maintains that more frequent renewals are necessary to ensure the integrity of the immigration system and protect public safety, the practical result is a likely increase in the agency’s workload and a more complex compliance landscape for the American business community. As the volume of Form I-765 filings rises, the ability of USCIS to maintain timely processing will be a critical factor in determining whether these changes lead to widespread workforce disruptions. Proactive planning, early filing, and rigorous document tracking are now the essential tools for both applicants and employers to navigate this new regulatory environment.
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