【ARCFE News】USCIS Update: EAD Validity Period Reduced from 5 Years to 18 Months

On December 4, U.S. Citizenship and Immigration Services (USCIS) announced a major policy update:

The validity period for multiple categories of Employment Authorization Documents (EADs) has been formally reduced from 5 years back to 18 months. This update applies to both initial and renewal applications and covers all Form I-765 filings submitted on or after December 5, 2025, including cases currently pending adjudication.

The announcement immediately drew attention from international students, H-1B applicants, adjustment-of-status applicants, and EB-5 investors relying on concurrent filing, prompting key concerns:

● Will this affect EADs issued while waiting for Form I-485 adjudication?

● Will future immigration planning require earlier preparation?

ARCFE provides the following expert analysis.

1. Key USCIS Policy Update: Multiple EAD Categories Standardized to 18 Months

According to the USCIS notice, 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; and

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

USCIS stated that the purpose of this change is to enhance security vetting and increase the frequency of identity verification.

As a result, EB-5 applicants filing I-526E + I-485 concurrently inside the United States should expect that any I-765 filed or pending on/after December 5, 2025 will receive an EAD valid for 18 months instead of 5 years.

2. Additional Restrictions Under the H.R.1 Legislation: Some Categories Limited to 1-Year EADs

Under the regulatory framework established by the H.R.1 Act, signed into law on July 4, USCIS must implement even stricter validity limits for certain categories.

EAD validity capped at 1 year (or less) for:

● Aliens paroled as refugees;

● Aliens granted TPS;

● Aliens granted parole;

● Aliens with a pending TPS application; and

● Alien spouse of entrepreneur parole.

The validity period will be determined by:  the shorter of either the 1-year maximum or the expiration date of the authorized parole/benefit period.

3. ARCFE Perspective: This Policy Marks a Return from “Exception” to “Standard Practice”

USCIS clarified that the purpose of the change is to:

● Strengthen consistency in identity and eligibility review

● Reduce security risks

In practice, the 5-year EAD validity period has never been a long-standing norm; it was a temporary measure introduced to relieve post-pandemic backlogs.

Thus, this update represents a reversion to the long-established regulatory framework, rather than a shift in immigration policy.

4. ARCFE Guidance for Applicants

To ensure smooth processing and maintain lawful status, ARCFE recommends:

1. Begin EB-5 planning and submission early to secure the current concurrent-filing benefits

Future USCIS adjudication practices and regulatory details may continue to evolve.Submitting early allows applicants to lock in current policies and enter the queue sooner.

2. Plan ahead for EAD renewals

Timely preparation helps prevent employment gaps caused by renewal timing challenges.

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