Ding Babb｜USCIS Policy Update: Validity of Multiple EAD Categories Shortened to 18 Months

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Keywords: Automatic Extension Cancellation, I-485, Refugee, Asylum, EAD (Employment Authorization Document) Card.

On December 4, 2025, the U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual, announcing that the validity period of Employment Authorization Documents (EADs) for several categories of applicants will be shortened from 5 years to 18 months. This policy has a profound impact on the large number of applicants who rely on EADs to maintain legal employment, requiring them to plan and prepare for renewal as early as possible.

🌍Who Will Be Affected?🌍

The maximum validity period for initial and renewal EADs will be changed from 5 years back to 18 months for several categories of aliens:

• Aliens admitted as refugees;

  
  

• Aliens granted asylum;

  
  

• Aliens granted withholding of deportation or removal;

  
  

• Aliens with pending applications for asylum or withholding of removal;

  
  

• Aliens with pending applications for adjustment of status under INA 245;

  
  

• Aliens with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act.

Old cards that were already approved and have a five year validity are not affected. They can still be used until the expiration date printed on the card.

🌍When does this start🌍

USCIS clearly states that for EAD applications in the categories listed above:

• All initial or renewal EAD applications filed on or after December 5, 2025 will receive a new card that is valid for 18 months.

  
  

• Applications that are still pending will also receive an 18 month card under the new rule.

In other words, even if you filed in early 2025, as long as the case has not been approved yet, the card issued will be valid for 18 months.

🌍The 540 day automatic extension is canceled🌍

Please note that the previous policy allowing up to 540 days of automatic extension officially ended on October 30, 2025. You can refer to our previous blog for the specific details.

The current rules are:

• After filing an EAD renewal, there is no automatic extension of work authorization.

  
  

• If the old card expires and the new card has not been issued, you must stop working.

  
  

• Employers must also suspend work authorization under I-9 rules.

For many applicants who need to keep working, this makes early preparation before the card expires much more important. You may contact our law firm to receive assistance from a licensed and experienced attorney.

🌍Impact on EAD applicants🌍

With the validity shortened to 18 months, most applicants will need to file a renewal every one to one and a half years. Because automatic extensions are gone, filing late or USCIS delays may cause a gap where the old card has expired and the new card has not arrived.

Recommendations

• Check your EAD expiration date right away.

• File your renewal as early as possible within 180 days before expiration, which is the earliest USCIS allows.

• Track your USCIS case status. If processing takes too long, consider requesting expedited processing or submitting a service request.

• Talk with your employer to make sure I 9 records stay updated and compliant. This is especially important if you are changing jobs or if your employer is doing an I 9 audit.

  
  

🌍Compliance reminders for employers and HR🌍

Employers should update internal procedures to avoid I 9 violations:

• Do not allow employees to keep working after the old card expires unless they show a new valid work authorization.

  
  

• Set up reminder systems for employees who rely on EADs and communicate about renewal progress early.

  
  

• Promptly record new EAD cards or other valid authorization documents.

🌍Law firm note🌍

USCIS is tightening EAD validity rules and background review. Policies may continue to change. We will keep monitoring updates and share the latest information with clients.

If you have questions about how these rules affect your case, feel free to contact us. We can provide guidance based on your immigration category, application stage, and employment situation.