United States | USCIS reduces maximum validity period for EADs for certain foreign nationals

U.S. Citizenship and Immigration Services announced today that is has updated its Policy Manual to reduce the maximum validity period for which USCIS will grant Employment Authorization Documents (EADs) for certain categories of foreign nationals.

Key Points:

• Maximum validity periods for initial and renewal EADs will be reduced from five years to 18 months for foreign nationals with employment authorization applications pending or filed on or after Dec. 5, 2025, based on one of the following categories:
  • Foreign nationals admitted as refugees
  • Foreign nationals granted asylum
  • Foreign nationals granted withholding of deportation or removal
  • Foreign nationals with pending applications for asylum or withholding of removal
  • Foreign nationals with pending applications for adjustment of status under INA 245
  • Have pending applications for suspension of deportation, cancellation of removal or relief under the Nicaraguan Adjustment and Central American Relief Act
• According to the announcement, “The reduced maximum validity periods for certain categories will result in more frequent vetting of aliens who apply for authorization to work in the United States.”
• Changes to EAD validity periods made by reconciliation bill H.R. 1 signed into law on July 4, 2025, have also been incorporated into the updated Policy Manual. The legislation provided that the validity period for initial and renewal EADs will be one year or the end date of the authorized parole period or duration of Temporary Protected Status (TPS), whichever is shorter, for certain classifications. Those new maximum validity period requirements apply to any Form I-765, Application for Employment Authorization, pending or filed on or after July 22, 2025.

Additional Information: BAL will continue to monitor related policy developments and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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