In a significant update, the U.S. Citizenship and Immigration Services (USCIS) has revised its Policy Manual to decrease the maximum validity period for certain categories of Employment Authorization Documents (EAD). This change is designed to enhance the vetting and screening process for aliens seeking permission to work in the United States.
The adjustment in the EAD validity periods aligns with recent legislative changes, ensuring that USCIS can conduct thorough assessments of applicants. By reducing the maximum validity period, USCIS aims to facilitate more frequent vetting of aliens, which is crucial in deterring fraudulent activities and identifying individuals who may pose a threat to public safety.
Director Joseph Edlow emphasized the importance of this update, stating, “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.” This statement comes in the wake of security concerns highlighted by a past incident involving an alien who had been granted entry into the country.
As part of this update, the maximum validity period for both initial and renewal EADs will revert from five years to just 18 months for several specific categories of aliens. These categories include:
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 ActThis change will affect applications for employment authorization that are pending or filed on or after December 5, 2025, under the specified categories.
In accordance with the H.R. 1 - One Big Beautiful Bill Act, signed into law on July 4, 2025, the validity periods for initial and renewal employment authorization documents will be further modified. Under this legislation, the validity will be set for one year or will coincide with the end date of the authorized parole period or the duration of Temporary Protected Status (TPS), whichever is shorter. This applies to categories such as:
Aliens paroled as refugees Aliens granted TPS Aliens granted parole Aliens with a pending TPS application Alien spouses of entrepreneur paroleOn July 22, 2025, USCIS published a Federal Register notice announcing the implementation of these changes. The new validity period requirements will be applicable to any Form I-765, Application for Employment Authorization, that is pending or filed on or after this date.
For those seeking further information on applications for employment authorization, please visit the Employment Authorization Document page on the USCIS website. This resource provides comprehensive details about the application process, eligibility criteria, and any updates regarding employment authorization policies.