USCIS Reduces Maximum Validity Periods for Certain Employment Authorization Documents

Maximum Validity Period for EADs to Be Reduced to 18 Months for Certain Immigration Categories

On December 4, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert reducing the maximum validity period of employment authorization documents (EADs) for certain immigration categories. As of December 5, 2025, the maximum validity period for initial and renewal EADs will change from five (5) years to 18 months for foreign nationals in the following categories:

• Foreign nationals with pending applications for adjustment of status under INA § 245.
• Foreign nationals admitted as refugees.
• Foreign nationals granted asylum.
• Foreign nationals granted withholding of deportation or removal.
• Foreign nationals with pending applications for asylum or withholding of removal.
• Foreign nationals with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act.

These changes affect any application for employment authorization that is currently pending or filed on or after December 5, 2025.

Additionally, pursuant to H.R. 1 – One Big Beautiful Bill Act, the validity period for initial and renewal EADs for foreign nationals in the following categories will now be one year or the end date of the authorized parole period or duration of Temporary Protected Status (TPS), whichever is shorter:

• Foreign nationals paroled as refugees.
• Foreign nationals granted TPS.
• Foreign nationals granted parole.
• Foreign nationals with a pending TPS application.

According to USCIS, these changes were implemented as part of a larger effort to enhance the agency’s screening and vetting capabilities to detect foreign nationals with potentially harmful intent, deter fraud and place removable aliens into proceedings. This policy shift is yet another major change to USCIS policy regarding EADs following the publication of an Interim Final Rule (IFR) published by the U.S. Department of Homeland Security on October 30, 2025, which ended the automatic extension of employment authorization documents. Together, both of these recent policy changes are expected to greatly impact the ability of certain foreign nationals to work in the United States. Any foreign national whose EAD has lapsed must stop working upon their EAD’s expiration and cannot resume employment until a new EAD is granted.

Affected foreign nationals who have recently filed or expect to file Form I-765, Application for Employment Authorization are advised to pay special attention to the expiration date listed on their EAD once it has been approved. They should also be aware that they may lose their ability to work in the U.S. if they reach the maximum EAD validity period before an underlying application for adjustment of status, asylum or withholding of removal is approved.