USCIS to Shorten EAD Validity from 5 Years to 18 Months

By: Mishita Jethi

Overview

On December 4, 2025, U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to reduce the maximum validity period for Employment Authorization Documents (EADs) for certain categories from 5 years to 18 months or less.

Background

USCIS states that these changes are intended to increase screening and vetting of individuals who are authorized work in the United States and to detect fraud or potential security concerns.

Who is Affected

This change will apply to Form I-765 (Application for Employment Authorization) requests that remain pending, or are filed on or after December 5, 2025, in the following categories:

• Individuals admitted as refugees
• Individuals granted asylum
• Individuals granted withholding of deportation or removal
• Individuals with pending applications for asylum or withholding or removal
• Individuals with pending applications for adjustment of status (green card applicants)
• Individuals with pending applications for suspension of deportation, cancellation of removal, or NACARA relief

EADs that were already approved as on the date of the policy update will remain valid as per the validity printed on the EAD card.
For the following categories, initial and renewal EADs will be limited to the shorter of 1 year or the underlying status/parole/temporary protected status (TPS) end date:

• Individuals paroled as refugees
• Individuals granted Temporary Protected Status (TPS)
• Individuals granted parole (general parole category)
• Individuals with a pending TPS application
• Spouses of entrepreneur parolees​​​​​​​

These statutory validity rules will apply to any Form I-765 that remains pending, or was filed on or after July 22, 2025, when the Department of Homeland Security (DHS) announced its implementation of H.R. 1 (One Big Beautiful Bill Act) in the Federal Register.

Impact on Applicants

Consideration and risks for applicants and employers may include:

• Work authorization gaps as shorter validity periods may raise the risk that renewal applications may not be approved before the current EAD expires, especially in categories where automatic extensions are limited or capped by H.R. 1 (such as TPS-based EADs).
• Both employers and employees will face more frequent paperwork, more frequent I-9 reverifications, and potentially higher overall costs and workload.
• USCIS may see an increase in processing volumes which may contribute to further delays.
• The impact may vary widely by EAD category; some categories may still benefit from automatic extensions while other categories that have no automatic or shorter extensions will need early and careful planning. ​​​​​​​

How to Prepare

Employers are advised to file EAD renewals early. USCIS typically permits filing up to 180 days before EAD expiration. Employers should also monitor pending applications, advise affected employees about the upcoming change to avoid unexpected lapses in work authorization, and review I-9 compliance processes to prepare for more frequent reverification.

For any questions or assistance please contact your trusted Chugh, LLP immigration professional.