Introduction: A Crucial Change for Foreign Nationals in the U.S.
If you are working in the United States on a temporary basis, navigating the rules around employment authorization is critical. A recent policy update from U.S. Citizenship and Immigration Services (USCIS), effective December 5, 2025, significantly changes the maximum validity periods for certain Employment Authorization Documents (EADs).
This change affects a broad group of foreign nationals, including refugees, asylum seekers, parolees, and those applying for adjustment of status. Understanding the new regulations is essential for protecting your ability to work legally and maintaining continuity in your immigration status.
Background: Legislative Basis for the Change
These adjustments originate from the “One Big Beautiful Bill Act” (H.R.-1), signed into law by the President on July 4, 2025. Following this, the Department of Homeland Security issued implementing guidance, which USCIS formally adopted through Policy Alert PA-2025-27, published on December 4, 2025.
The goal of the policy revision is twofold: to comply with the legislative mandate and to strengthen the agency’s screening and vetting process. This includes identifying individuals who may pose security risks, minimizing fraud, and reassessing employment eligibility on a more frequent basis.
Categories Affected by the Updated EAD Validity Periods
The revised policy outlines shorter validity periods for several key immigration categories. Below is a summary of the changes and who they apply to:
EAD Validity Now Limited to 18 Months
For applications filed on or after December 5, 2025, the following categories will receive EADs valid for a maximum of 18 months, down from the previous five-year limit:
- Refugees (Category (a)(3))
- Individuals granted asylum (Category (a)(5))
- Those granted withholding of deportation or removal (Category (a)(10))
- Applicants for asylum or withholding of removal (Category (c)(8))
- Applicants for adjustment of status under INA 245 (Category (c)(9))
- Applicants for suspension of deportation or cancellation of removal (Category (c)(10))
EAD Validity Capped at One Year for Parole-Based Categories
For the following categories, EADs will now be issued for the shorter of either the authorized parole period or one year:
- Refugee parolees (Category (a)(4))
- Other parolees (Category (c)(11))
- Individuals granted or applying for Temporary Protected Status (TPS) (Categories (a)(12) and (c)(19))
- Spouses of entrepreneur parolees (Category (c)(34))
These changes apply to applications filed on or after July 22, 2025, and reflect the federal statutory requirements under H.R.-1.
Impact on Current and Future Applicants
For Existing EAD Holders
If your EAD was issued between July 4 and July 22, 2025, with a validity period longer than one year, your card remains valid for the duration printed on it unless terminated for another reason. There is no need to reapply early due to the rule change.
For New and Pending Applications
If your application falls under the affected categories and was filed on or after the effective dates, the updated validity periods will apply. This means more frequent renewals may now be necessary to maintain lawful work authorization.
What This Means for Employers and Visa Holders
These policy changes have important practical implications for both foreign nationals and the U.S. employers who rely on their contributions:
- Expect More Frequent Renewals: EADs that once provided multi-year security may now require renewal every 12 months or less.
- Start Early: USCIS processing times for EADs remain unpredictable. Begin renewal applications well in advance of expiration.
- Coordinate with Your Immigration Counsel: The reduced validity period may affect your long-term planning, travel, and job continuity.
- Review Parole and TPS Periods Closely: Your work authorization is now tied more tightly to the shortest term of either parole or TPS.
Why This Matters
Beyond compliance, the ability to work legally in the U.S. often determines a family’s stability, a business’s success, and an individual’s path to permanent residency. This update reinforces the importance of understanding every nuance of immigration policy and maintaining accurate records.
At Ahluwalia Law Offices, we help clients interpret these changes and respond with effective legal strategies. Whether you are preparing to renew your EAD or want to understand how this policy could impact your immigration journey, we are here to guide you.
Request a Consultation
If you have questions about how the 2025 EAD validity changes affect your case or business, we welcome you to contact our office. A strategic consultation can help ensure you remain compliant and prepared.
