U.S. Citizenship and Immigration Services (USCIS) has recently updated its Policy Manual to drastically reduce the maximum validity period for the Employment Authorization Document (EAD). This update aims to implement recent legislation and ensure more frequent and rigorous background checks for foreign nationals authorized to work in the United States.
I. Policy Rationale: Enhanced Vetting Through Reduced Validity
USCIS states that shortening the maximum EAD validity periods will necessitate more intensive vetting cycles for applicants. The primary goals of this enhanced screening are to:
- 🛡️ Deter Fraudulent Activity across various benefit applications.
- 🚨 Timely Detect foreign nationals who may pose a threat or have harmful intent.
- ✈️ Facilitate the initiation of Removal Proceedings against individuals found to be inadmissible or dangerous.
USCIS Director Joseph Edlow commented: “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: Maximum Validity Reduced to 18 Months
For the following categories of foreign nationals, the maximum validity period for initial and renewal EADs is 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 policy 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 is 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: This specific requirement applies to any Form I-765 pending or filed on or after July 22, 2025.
💡 Firm Advisory: Actionable Steps for Clients
This significant policy tightening mandates that applicants in the affected categories must apply for EAD renewal more frequently (at least every 18 months or 1 year) to accommodate recurrent USCIS background checks. This increases administrative burden and introduces uncertainty regarding work continuity.
Given the potential for extended EAD processing times, we strongly advise all impacted applicants to adopt the following proactive steps:
- 📅 File Early: Submit EAD renewal applications well in advance of the current card's expiration date to minimize the risk of a lapse in work authorization.
- ✅ Ensure Consistency: Due to the increased frequency of vetting, ensure that all biographical and background information provided in every filing is absolutely accurate and consistent to avoid RFEs (Request for Evidence) or delays.
