U.S. Citizenship and Immigration Services (USCIS) has announced a significant change regarding the validity periods for certain employment authorization documents (EADs). Effective immediately, the agency will reduce the maximum validity period for specific categories from five years to just 18 months. This adjustment applies to EADs issued on or after December 5, 2025.
Categories Affected by the Change
The categories impacted by this modification include:
– Refugees (A03)
– Asylees (A05)
– Withholding of removal grantees (A10)
– Pending asylum applicants (C08)
– Pending adjustment of status applicants (C09)
– Pending cancellation of removal applicants (C09)
All initial and renewal EAD applications submitted on or after December 5, 2025, will be subject to this new validity period. It is important to note that EADs issued before this date will not be affected, and the eligibility criteria for work authorization will remain the same.
Implications for Applicants and Employers
This change means that individuals in the affected categories will need to apply for EAD renewals more frequently. As a consequence, an increased volume of renewal applications is expected, potentially leading to larger backlogs and longer processing times.
Employers should prepare for possible disruptions in work authorization for employees holding these EADs. This is especially relevant given the recent interim final rule from the Department of Homeland Security, which has eliminated the automatic 540-day work authorization extension for renewal applicants whose initial EADs expire while their renewal applications are pending.
To mitigate potential disruptions, employers are encouraged to notify their employees several months prior to the expiration of their EADs. This proactive approach can help avoid delays in renewal applications and prepare for any processing challenges that may arise.
For further details regarding the interim final rule, please refer to the official alert at the following link: New Interim Final Rule Ends Automatic Extension for Employment Authorization Documents: Miller Canfield.
This adjustment by USCIS highlights the evolving landscape of employment authorization in the United States and underscores the importance of staying informed about changes that could affect both workers and employers.
