Policy Advisory: USCIS Boosts Vetting and Significantly Reduces EAD Validity Periods

U.S. Citizenship and Immigration Services (USCIS) has recently updated its Policy Manual to drastically reduce the maximum validity period for the Employment Authorization Documents (EAD) for specific categories of foreign nationals. This update is designed to implement recent legislation and ensure more frequent and rigorous background checks for individuals authorized to work in the United States.

I. The Core Policy Change: Increased Vetting Through Reduced Validity

USCIS states that by adjusting the maximum EAD validity periods, the agency can conduct more frequent and intensive vetting of foreign nationals seeking work authorization. The goal of these increased screening cycles is to:

• 🛡️ Deter Fraudulent Activities.
• 🚨 Timely Detect foreign nationals with potentially harmful intent.
• ✈️ Ensure that individuals posing a threat can be promptly processed for Removal from the United States.

USCIS Director Joseph Edlow stated: “Reducing the maximum validity period for employment authorization will ensure that those seeking to work in the United States do not threaten public safety or promote harmful anti-American ideologies. After the attack on National Guard service members in our nation’s capital by an alien who was admitted into this country by the previous administration, it’s even more clear that USCIS must conduct frequent vetting of aliens.”

II. Impacted Group I: Validity Reduced to 18 Months

The maximum validity period for initial and renewal EADs for the following categories of foreign nationals will be reduced from up to 5 years back to 18 months:

• 🚪 Aliens admitted as Refugees.
• ⚖️ Aliens granted Asylum.
• 🚫 Aliens granted Withholding of Deportation or Removal.
• 📝 Aliens with pending applications for Asylum or Withholding of Removal.
• 🟢 Aliens with pending applications for Adjustment of Status under INA § 245.
• 🏛️ Aliens with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act (NICARCA).

Effective Date: This change applies to EAD applications (Form I-765) pending or filed on or after December 5, 2025.

III. Impacted Group II: Strict 1-Year Limit Under H.R. 1 Act

In compliance with the H.R. 1 - One Big Beautiful Bill Act (Public Law 119-21), signed into law on July 4, 2025, the validity period for initial and renewal EADs for the following categories will be restricted to one year, or the end date of the authorized Parole or Temporary Protected Status (TPS) duration, whichever is shorter:

• 🛬 Aliens Paroled as refugees.
• 🇵🇸 Aliens granted Temporary Protected Status (TPS) or those with a pending TPS application.
• 🔑 Aliens granted Parole.
• 👩‍💼 Alien spouses of Entrepreneur Parole recipients.

Effective Date: These new validity period requirements apply to any Form I-765 pending or filed on or after July 22, 2025.

💡 Firm Recommendation: Strategy & Compliance

This significant policy tightening means that applicants in the affected categories will need to reapply for their EADs much more frequently (at least every 18 months or 1 year) to undergo repeated background checks. This inevitably increases the administrative burden and introduces greater uncertainty regarding continuous work authorization.

Given the inherent fluctuations in EAD processing times, we strongly advise all affected applicants to take the following proactive steps:

• 📅 Apply Early: Submit renewal applications well in advance of the current EAD expiration date to mitigate the risk of a gap in work authorization.
• ✅ Maintain Consistency: Ensure that all submitted documentation, including identifying information and background details, maintains absolute accuracy and consistency across every filing to avoid potential delays or RFE (Request for Evidence) notices.

If your EAD category is affected by these changes, or if you require assistance in developing a robust strategy to maintain continuous work authorization, please contact our office for a professional consultation.