Reduced Maximum Validity Periods of Certain Categories of EAD

Dec 9, 2025

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On December 4, 2025, USCIS updated its Policy Manual to reduce the maximum validity period for certain Employment Authorization Document (“EAD”) categories.

Several categories of foreign national workers will now only be eligible for initial and renewal EADs valid for a maximum of 18 months. The previous standard was five years. The impacted categories are as follows:

Refugee (a)(3);
Granted asylum (a)(5);
Granted withholding of deportation or removal (a)(10);
Pending applications for asylum or withholding of removal (c)(8);
Pending applications for adjustment of status under INA 245 (c)(9); and
Pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act (c)(10).

The new guidance applies to EAD applications (Form I-765) filed or pending on or after December 5, 2025.

The November 26, 2025 attack on two National Guard members by an Afghan national suspect has been cited in USCIS publications regarding the guidance.The stated intent of the diminished EAD validity period is to allow USCIS to “enhance its screening and vetting efforts, enable detection of aliens with potentially harmful intent, deter fraud, and place removable aliens into proceedings.”

EAD holders and their employers should be vigilant about checking EAD expiration dates, which may come more quickly with the reduced EAD validity time for certain categories.

A survey of current USCIS processing times for the affected categories, as published on the USCIS Case Processing Times website, range from 3.5 to 20.5 months. Coupled with the October 2025 termination of most automatic EAD extensions, it’s likely USCIS processing times will increase as more applications are filed. It is, therefore, advised that individuals working pursuant to EADs file renewal applications as soon as eligible for the best chance of maintaining work authorization. Individuals are permitted to file applications for renewal EADs in the same category no more than 180 days before the expiration of their current EAD. Employers are also advised to carefully monitor EAD expirations to ensure compliance with federal law.

If you have questions about how this policy may impact you or your organization, please feel free to contact me through the “Contact Us” link on my website or by emailing info@pdortegalaw.com.

Sources:

“Chapter 4 - Adjudication | USCIS.” U.S. Citizenship and Immigration Services Policy Manual, U.S. Citizenship and Immigration Services, www.uscis.gov/policy-manual/volume-10-part-a-chapter-4. Accessed 9 Dec. 2025.

Policy Alert: Updating Certain Employment Authorization Document Validity Periods, U.S. Citizenship and Immigration Services, 4 Dec. 2025, www.uscis.gov/sites/default/files/document/policy-manual-updates/20251204-EmploymentAuthorizationValidity.pdf.

“USCIS Increases Screening, Vetting of Aliens Working in U.S.” U.S. Citizenship and Immigration Services, 4 Dec. 2025, www.uscis.gov/newsroom/news-releases/uscis-increases-screening-vetting-of-aliens-working-in-us.