U.S. Citizenship and Immigration Services (USCIS) has cut down the maximum validity period of employment authorization documents (EADs) for foreign national workers with pending adjustment-of-status applications from five years to 18 months, according to a new policy.
The change applies to Form I-765 EAD initial and renewal applications that are pending on or filed on or after Dec. 5.
“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,” said USCIS Director Joseph Edlow, days after an Afghan national living in the U.S. was charged in the shooting of two National Guard members in Washington, D.C.
“It’s even more clear that USCIS must conduct frequent vetting,” Edlow said.
Shortening the validity of work permits will increase that vetting but will also increase the burden on USCIS to process applications. The agency in October ended the practice of automatically extending the validity of EADs for workers who file renewal applications.
“The change means that applicants awaiting green card approval must renew their work permits more frequently, leading to added cost, paperwork, and a higher risk of employment interruptions,” said Rahul Reddy, founding partner of Reddy Neumann Brown based in Houston.
“This decision will impact hundreds of thousands of applicants with pending adjustment-of-status cases, as renewal delays are already common,” he said. “Reducing validity to 18 months could further strain USCIS processing capacity and create gaps in work authorization for lawful applicants who have long been waiting for permanent residency.”
Those with pending or future adjustment-of-status-based EADs should plan renewals well in advance to avoid disruptions under the new policy, he added.
The Biden administration had expanded the validity period for EADs from two years to five in 2023, to reduce the processing pressure on USCIS. Delays for work permits and other petitions at USCIS hit a 10-year high in 2025 as the agency has focused more on enforcement operations.
The policy change does not affect H-1B visa holders, who receive employment authorization as part of their status. The Trump administration earlier this year announced a plan to impose a $100,000 application fee for petitions filed on behalf of applicants who are outside the U.S.
Employer Takeaways
Employers are advised to file EAD renewals early. USCIS typically permits filing up to 180 days before EAD expiration. HR should also monitor pending applications, advise affected employees about the upcoming change to avoid unexpected lapses in work authorization, and review I-9 compliance processes to prepare for more frequent reverification.
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