USCIS Significantly Reduces EAD Validity Periods: What Employers Need to Know
USCIS has announced major changes to Employment Authorization Document (EAD) validity periods, rolling back many categories to much shorter approval durations. These changes, combined with the recently published rule eliminating the 540-day automatic extension for most EAD categories, represent a substantial tightening of the employment authorization framework.
Shorter Maximum Validity Periods for Key EAD Categories
Effective for applications pending or filed on or after December 5, 2025, USCIS will reduce maximum validity periods from five years to 18 months for several categories of applicants, including applicants for adjustment of status or asylum, refugees, asylees, and individuals granted withholding of removal.
Impact of the Elimination of the 540-Day Auto-Extension
USCIS recently ended the temporary 540-day automatic extension, returning most categories to the standard 180-day extension. With shorter validity periods, applicants now face a greater risk of employment authorization gaps.
Practical Implications
These changes, when considered together, will significantly increase administrative burdens and compliance risks for employers and their foreign national employees by:
– Necessitating more frequent EAD renewal filings
– Expanding the potential for gaps in work authorization
– Increasing Form I-9 reverification and compliance responsibilities
– Imposing greater administrative burdens for employers and employees alike
While the reduced EAD validity periods will only affect applications pending or filed on or after of December 5th, we encourage employers to review existing procedures for calendaring renewal deadlines to confirm that systems are in place to ensure EAD renewals are filed as early as permitted. As always, please contact your Meltzer Hellrung attorney if you have questions about how these changes affect your workforce.
Scroll to Top ↑
