U.S. Citizenship and Immigration Services (USCIS) has issued a significant update to the maximum validity periods for Employment Authorization Documents (EADs). These changes affect many immigrants who rely on work permits in the United States. The new policy becomes effective on December 5, 2025 and applies to cases pending or filed on or after that date.
This update implements changes required by the One Big Beautiful Bill Act (H.R. 1) and also reflects USCIS efforts to increase vetting and fraud prevention.
Summary of the New USCIS EAD Validity Rules
USCIS has reduced the maximum validity period of EADs for several categories. This means many individuals will now receive shorter EADs and must renew their work permits more frequently.
Categories Reduced to a Maximum 18 Month EAD Validity
According to the Policy Alert, USCIS has changed the maximum validity period from 5 years to 18 months for the following categories:
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Applicants with pending adjustment of status (Form I 485) under INA section 245. Category c 9.
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Applicants with pending asylum applications. Category c 8.
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Individuals granted asylum.
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Individuals admitted as refugees.
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Individuals granted withholding of removal or withholding of deportation.
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Applicants with pending applications for withholding of removal.
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Applicants with pending cancellation of removal or suspension of deportation.
These updates are clearly identified in the Policy Alert and the applicable regulatory citations.
Categories Reduced to a Maximum 1 Year EAD Validity
USCIS has also limited certain categories to EADs that cannot exceed 1 year, even if the underlying status may be longer. These categories include:
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Parolees. Category c 11.
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Parolees admitted as refugees.
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Spouses of entrepreneur parolees. Category c 34.
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Temporary Protected Status (TPS) applicants and TPS holders. Categories a 12 and c 19.
Under the new rule, these EADs may be issued for the duration of parole or TPS, or 1 year, whichever period is shorter.
Purpose of the Policy Change
In the policy announcement, USCIS explains that the reduced validity periods are designed to:
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Increase the frequency of background checks.
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Improve screening and vetting of applicants.
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Detect individuals who may pose security or public safety risks.
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Identify and prevent fraud.
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Improve the ability to place removable individuals into proceedings.
The agency intends to review eligibility more often by shortening the length of each work permit, which results in more frequent renewal applications.
Impact on Applicants and Employers
These changes create several practical consequences for applicants and employers.
1. More Frequent Renewals
USCIS previously allowed some applicants to receive EADs valid for up to 5 years. Now many will receive only 18 month cards. Individuals will need to plan renewals earlier and more often.
2. Higher Risk of Employment Gaps
Shorter validity periods increase the likelihood of gaps in work authorization if an applicant forgets to renew on time or if processing delays occur.
3. Additional Administrative Responsibilities
Applicants, employers and attorneys must keep accurate records of expiration dates to prevent lapses in employment eligibility.
4. Increased Importance of Tracking USCIS Processing Times
Because renewals will be more frequent, monitoring processing times and submitting timely renewal applications will be essential.
Who Should Pay Attention to This Update
You may be affected by this new policy if you are:
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An applicant with a pending Form I 485.
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An applicant with a pending asylum application.
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A holder of asylum, refugee, parole or withholding status.
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An applicant for cancellation of removal.
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A TPS applicant or TPS beneficiary.
Any individual in these categories should be proactive in reviewing expiration dates and preparing renewal applications well in advance.
Tips for Staying Compliant Under the New Rules
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File EAD renewal applications as early as USCIS allows.
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Keep accurate reminders of your work permit expiration date.
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Gather supporting documents early to avoid delays.
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Speak with an immigration attorney if you are unsure how this update affects your case.
Conclusion
The new USCIS policy significantly changes how long many EADs will remain valid. Shorter validity periods will require applicants to renew more frequently and to monitor expiration dates more closely. Although this policy increases administrative responsibilities, proper preparation and legal guidance can help individuals avoid gaps in employment authorization.
If you believe you are affected by this change or need assistance with an EAD renewal, our office is available to help.