USCIS Reverses Policy on Extended EAD Validity

Effective December 5, 2025, U.S. Citizenship and Immigration Services (USCIS) will implement a major revision to Employment Authorization Document (EAD) validity periods. The agency is shortening the maximum validity for certain categories from five years to 18 months, thereby rescinding the extension granted in September 2023. USCIS indicates that the change is driven by security and fraud-prevention considerations.   

Key Takeaways

• Effective December 5, 2025, certain EAD categories, will be issued for a maximum of 18 months.  

• EAD categories affected by this change include: individuals with a pending adjustment of status, admitted as refugees, asylees, and those with pending application for suspension of deportation, cancellation of removal or relief.  

End of the 5-year period  

• In September 2023, USCIS increased the maximum EAD validity to 5 years.   

• In December 2025, USCIS has rolled back their policy to decrease the maximum EAD validity to 18 months.  

• USCIS attributes the rollback to security and fraud-prevention concerns.  

• The new policy applies to all filings that are pending and/or filed on or after December 5, 2025.  

• All EADs issued on or after December 5, 2025, will have a maximum validity of 18 months.  

Who is impacted by this rule

• Individuals admitted as refugees; 

• Individuals granted asylum; 

• Individuals granted withholding of deportation or removal; 

• Individuals with pending applications for asylum or withholding of removal; 

• Individuals with pending applications for adjustment of status under INA 245; and 

• Individuals with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act. 

Best Practices and Important Considerations

• Monitor EAD expiration dates to prevent gaps in work authorization. 

• Submit EAD renewal applications 180 days before the expiration date to minimize gaps in work authorization.  

• Be aware that automatic EAD extensions are no longer available, making timely tracking and renewal more critical.   

• Plan for frequent renewals, as shorter validity periods will require additional filings.  

• Prepare for increased costs and possible processing delay, since individuals will need to reapply more often.  

Farmer Law PC will continue to monitor developments with respect to these and other policy changes and will post updates on our blog as additional information becomes available.