Labor & Employment Law Daily Wrap Up, IMMIGRATION NEWS—USCIS sharply curtails validity period of employment authorization docs for certain alien categories, (Dec 5, 2025)

By Brandi O. Brown, J.D.

The maximum period for initial and renewal EADs will be changed from five years to 18 months for many aliens, which the agency says “will result in more frequent vetting of aliens” who apply for work authorization.

Yesterday, USCIS announced updates to its policy manual to reduce the maximum validity period for Employment Authorization Documents (EAD) for certain categories of aliens. The update also “incorporates changes to EAD validity periods made by recent legislation to ensure proper vetting and screening of aliens,” according to the announcement.

Refugees, asylees, and others. The maximum validity period for initial and renewal EADs changed from five years to 18 months for several categories of aliens, including: aliens admitted as refugees; aliens granted asylum; and aliens granted withholding of deportation or removal. It also includes aliens with pending applications for asylum or withholding of removal; adjustment of status under INA 245; and suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act. The change affects aliens with applications for employment authorization in the identified categories that are pending or filed on or after December 5, 2025.

Also, as required by the One Big Beautiful Bill Act, Public Law 119-21, 139 Stat. 72, (H.R. 1), signed into law on July 4, 2025, the validity period for initial and renewal employment authorization documents will be one year or the end date of the authorized parole period or duration of Temporary Protected Status (TPS), whichever is shorter in these categories: aliens paroled as refugees; aliens granted TPS; aliens granted parole; aliens with a pending TPS application; and alien spouse of entrepreneur parole.

On July 22, 2025, USCIS published a Federal Register notice and issued an announced implementation of H.R. 1. Those validity period requirements apply to any Form I-765, Application for Employment Authorization, pending or filed on or after July 22, 2025, the announcement adds.

“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. After the attack on National Guard service members in our nation’s capital by an alien who was admitted into this country by the previous administration, it’s even more clear that USCIS must conduct frequent vetting of aliens.” said Director Joseph Edlow.

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