USCIS Reduces EAD Validity for Adjustment-of-Status Applicants to 18 Months

U.S. Citizenship and Immigration Services (USCIS) will sharply reduce the length of Employment Authorization Documents (EADs) for many applicants, including people with pending adjustment of status cases, bringing the maximum validity back down to 18 months. The change takes effect December 5, and will apply to both new and pending applications that have not yet been decided.

For the past two years, many applicants received EADs valid for up to five years. USCIS is now reversing that policy, saying shorter validity periods will allow the agency to run security checks more frequently and better identify potential issues during long-pending immigration cases.

Who is Affected

The new 18-month cap applies to individuals who:

• Were admitted as refugees
• Were granted asylum
• Were granted withholding of deportation or removal
• Have a pending asylum or withholding case
• Have a pending adjustment of status application under INA 245
• Have a pending application for suspension of deportation, cancellation of removal, or NACARA relief

Any EAD in these categories that is pending on or filed after December 5 will fall under the new limit.

What This Means for Green Card Applicants

Adjustment-of-status applicants often rely on their EAD while waiting for a green card decision, a process that can take years. Rolling back the five-year validity means these applicants will need to renew more often, adding cost, paperwork, and planning.

Shorter validity also increases the stakes for timely filing. Renewal applications can be submitted up to 180 days before a card expires, and filing early will become even more important to avoid lapses in work authorization. Employers may also face more frequent I-9 reverification as workers cycle through renewals.

Changes for Parole and TPS Applicants

USCIS also updated EAD validity rules for several parole-based categories. Starting December 5, applicants in the following groups will receive an EAD valid for either the length of the parole period or one year, whichever is shorter:

• Individuals paroled as refugees
• Parolees in general
• Spouses of entrepreneur parolees
• Individuals with Temporary Protected Status (TPS) or with a pending TPS application

Previously, some of these applicants could receive EADs tied to multi-year parole periods.

What Applicants and Employers Should Do Now

• Track EAD expiration dates closely
• File renewal applications at the earliest 180-day window
• Prepare for more frequent I-9 reverification
• Expect shorter validity for any EAD application still pending on December 5