USCIS Shortens EAD Validity Periods for Certain Categories

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance, published on December 4, 2025 and effective December 5, 2025, that reduces the maximum validity periods for Employment Authorization Documents (“EADs”) for certain categories of non-citizens.

The update implements requirements mandated under the One Big Beautiful Bill (“OBBA”) for certain parole- and TPS-related categories, but also goes beyond the statute by reducing EAD validity periods for several additional categories not addressed by the legislation.

This policy shift comes shortly after the October 30, 2025 interim final rule (IFR) eliminating automatic EAD extensions.  The combination of shorter EAD validity and no automatic extensions increases the likelihood of gaps in employment authorization, creating potential workforce disruptions for employers.

Comparison to Prior Policy

Under prior policy, EADs for refugees, asylees, individuals granted withholding of removal, applicants with pending asylum or withholding claims, adjustment of status applicants, and certain suspension of deportation or NACARA applicants were generally valid for up to five years.  Parolees, TPS holders, and their dependents could receive EADs tied to the duration of their underlying status, and automatic extensions allowed employment to continue for up to 540 days while renewal applications were pending.

The December 4 guidance makes two major changes:

• As mandated by OBBA, EADs for parolees, TPS applicants and beneficiaries, individuals paroled as refugees, and spouses of entrepreneur parolees are now limited to one year or the end of their parole/TPS period, whichever is shorter. This applies to EAD applications pending or filed on or after July 22, 2025.
• USCIS independently reduced EAD validity periods from five years to 18 months for refugees, asylees, those granted withholding of removal, and individuals with pending asylum, withholding, adjustment of status, suspension of deportation, or NACARA applications. This applies to EAD applications pending or filed on or after December 5, 2025. These reductions are not required by OBBA and reflect USCIS’s internal policy determination to increase the frequency of vetting and re-review.

Employer Implications

Employers should anticipate a significant increase in both EAD renewal filings and Form I-9 reverifications as a result of the shortened validity periods. Employees will now need to renew their EADs far more frequently, and employers that subsidize these filings (such as for adjustment applicants) should expect higher recurring legal and filing costs. The surge in renewal volume may further strain USCIS processing capacity, increasing the likelihood of adjudication delays. With the elimination of automatic EAD extensions, the 540-day buffer that previously mitigated these delays is no longer available. Taken together, these changes heighten the risk of work-authorization lapses for even long-tenured, previously vetted employees. Employers and employees should ensure that EAD renewal applications are filed as early as possible to minimize disruption.  Currently USCIS will accept EAD renewal applications no sooner than six months prior to the card expiration date.