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This alert was first published as an update.
Effective December 5, 2025, U.S. Citizenship and Immigration Services (USCIS) has announced a significant change to Employment Authorization Document (EAD) validity periods. The maximum validity for certain categories will be reduced from five years to 18 months, reversing the extension introduced in September 2023. USCIS cites security and fraud-prevention concerns as the primary reasons for the rollback.
This policy change, coupled with the recent elimination of the 540-day automatic extension rule (effective October 30, 2025), imposes significant compliance and workforce management challenges for U.S. employers.
Who Is Impacted?
The change applies to initial and renewal EADs for individuals in the following categories:
- Foreign nationals admitted as refugees;
- Foreign nationals granted asylum or withholding of removal (as well as individuals with these applications pending);
- Foreign nationals with pending applications for adjustment of status under section 245 of the INA; and
- Foreign nationals with pending applications for suspension of deportation, cancellation of removal, or relief under NACARA.
This policy changeimpacts foreign nationals who rely solely on EADs for work authorization and do not have an underlying or alternative basis for work authorization.
Key Takeaways & Action Items:
- Plan Ahead: Employers and applicants should be prepared for more frequent renewals and longer processing times. Employees will need to renew EADs more often and should expect potential delays. Anticipate higher costs and administrative complexity, with more frequent renewals leading to increased filing fees for employees and additional HR resources required to track expiration dates and manage documentation;
- Prevent Employment Gaps: Employers must proactively plan for contingencies to avoid disruptions in critical roles. The shorter validity periods and absence of automatic extensions increase the likelihood of employment gaps, as employees may experience work interruptions if renewal processing is delayed;
- Be Proactive: Track expiration dates closely and file renewals early, and as close to the 180-day mark as possible. Anticipate the increase in frequency of I-9 reverification; and
- Communicate: Inform impacted employees of the new validity period and update internal compliance policies. As USCIS expands its enforcement efforts, employers must strengthen internal processes for monitoring work authorization and ensuring timely reverification to mitigate the risk of I-9 violations and associated penalties.
This rollback significantly reduces stability for foreign workers and increases operational complexity for employers. Proactive measures, such as implementing robust tracking systems, early renewal reminders, and contingency planning, are now essential to maintain compliance and workforce continuity.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
