In a significant policy reversal, U.S. Citizenship and Immigration Services (USCIS) has announced a major reduction in the maximum validity period for Employment Authorization Documents (EADs) for several key immigration categories. Effective December 5, 2025, the maximum validity for initial and renewal EADs in affected categories will be reduced from the previous five years back to just 18 months.

This change, which follows the recent end of the automatic EAD extension practice, is part of a broader shift in immigration policy that will directly impact thousands of foreign nationals and their employers across the United States.

📅 The Critical Change

The new policy updates the USCIS Policy Manual to reduce the maximum validity period for certain EAD categories.

• Previous Maximum Validity: Up to 5 years (for specific categories, including Adjustment of Status applicants).

• New Maximum Validity: 18 months (for the affected categories).

• Effective Date: This change applies to any EAD application (Form I-765) that is pending or filed on or after December 5, 2025. EADs previously issued with a 5-year validity will remain valid until their stated expiration date.

Who is Affected by the 18-Month Limit?

The most critical impact will be felt by applicants in categories that were previously eligible for the longer 5-year EAD validity. This includes, but is not limited to:

• Adjustment of Status (AOS) Applicants (those with a pending Form I-485). This often includes high-skilled workers (and their spouses) in the employment-based green card backlog (e.g., those moving from H-1B, L-1, etc., to permanent residency).

• Refugees

• Asylum Recipients

• Individuals with Pending Applications for Asylum or Withholding of Removal

• Aliens Granted Withholding of Deportation or Removal

🔎 The Impact on Applicants and Employers

The reduction in the EAD validity period, coupled with the end of the automatic extension practice, creates several substantial risks for both foreign nationals and their employers.

Increased Risk of Employment Gaps

With EADs now expiring 3.5 years sooner than under the prior policy, applicants must manage the renewal process much more frequently. Since the average processing time for I-765 renewals can be lengthy, the risk of an EAD expiring before the renewed document is issued is significantly higher.

• Lapse in Work Authorization: If an EAD expires and a renewed card is not yet approved, the employee must stop working immediately until the new EAD is received.

• Renewal Window: Renewals can typically be filed up to 180 days before the EAD expires. Under the 18-month validity, planning to file immediately at the 180-day mark becomes essential to mitigate risk.

Heightened Administrative Burden and Costs

Affected individuals and employers will face:

• More Frequent Filings: The need to file for renewal every 18 months, instead of every five years, dramatically increases the administrative burden.

• Increased Fees: Renewal applications require new filing fees, increasing the overall cost for the applicant over the time it takes to process the underlying green card or asylum case.

• I-9 Reverification: Employers will be responsible for I-9 reverification for these employees at a more frequent rate, adding to internal compliance workloads.

National Security Justification

USCIS has stated that this policy is intended to enhance the agency’s ability to conduct more frequent vetting and screening of noncitizens seeking work authorization, aiming to deter fraud and detect individuals who may pose a threat to public safety.

✅ Action Plan for Affected Parties

Given the immediate and critical nature of this policy change, we urge all affected clients—both applicants and employers—to take prompt action.

For EAD Applicants (Form I-765 Filers):

• Prioritize Renewals: If your EAD is based on one of the affected categories, mark your calendar to file your renewal application 180 days before its expiration date.

• Do Not Wait: Do not assume previous extended processing times or policies will apply. Proactive and timely filing is your only safeguard against a lapse in employment authorization.

For Employers:

• Update Compliance Protocols: Review and update your Form I-9 compliance and reverification procedures to account for the increased frequency of EAD expirations.

• Communicate with Employees: Advise affected employees (particularly those with pending Adjustment of Status) of this critical change and the need to file renewals as early as possible.

• Monitor I-9s Closely: Implement a robust tracking system for EAD expiration dates to ensure timely reverification and prevent unauthorized employment.

Cohen, Tucker + Ades is closely monitoring the implementation and practical effects of this new policy. We stand ready to assist our clients in navigating this complex and risk-laden environment.

Do you have employees whose EADs are expiring soon? Need a strategy to manage I-9 compliance under the new 18-month validity rule? Contact Cohen, Tucker + Ades today for a consultation.

Disclaimer: This blog post contains general information and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship between you and Cohen, Tucker + Ades P.C. Immigration laws and fee schedules are subject to frequent change. The information provided herein may not reflect the most current legal developments. You should not act or refrain from acting based on information contained in this post without seeking professional counsel from an attorney licensed in your jurisdiction. Cohen, Tucker + Ades P.C. expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this post.

Sources: 

USCIS | Policy Manual, Volume 10 – Employment Authorization, Part A – Employment Authorization Policies and Procedures, Chapter 2 – Eligibility Requirements

AILA | USCIS Policy Alert Shortens Maximum Validity Period of EADs for Many Categories