From 5 years to 18 months: US work permit rollback jolts immigrants

The U.S. Citizenship and Immigration Services (USCIS) has sharply reduced the validity period for Employment Authorization Documents (EADs) — more commonly known as work permits — for refugees, asylees, and immigrants awaiting green-card / adjustment-of-status, shrinking it from five years to just 18 months.

 

The change, effective for all EAD applications (initial or renewals) filed on or after December 5, 2025, was announced in an updated Policy Manual by USCIS. 

 

 Under the revised rules, families of asylum-seekers, refugees, and those with pending green-card (I-485) applications will now have to renew work permits every 18 months — a sharp contrast to the more relaxed 5-year validity granted under prior policy.

 

"The change applies to both initial and renewal EAD applications in the affected categories and is in effect for Forms I-765 that are pending on or filed on or after December 5, 2025. Existing EADs will remain valid through their expiration date.

 

According to USCIS, the change is being implemented to allow for more frequent vetting of foreign nationals applying for work authorization," said Fragomen, a global leader in immigration services.

 

What the official release says:

 

According to the USCIS “Policy Manual” update: the maximum validity period for both initial and renewal EADs in several immigration categories has been reduced to 18 months. The new limits apply to:

 

• Adjustment-of-status applicants under INA § 245 (commonly green-card seekers)
• Refugees and asylees
• Individuals granted withholding of removal or other humanitarian protections
• Asylum seekers or those with pending asylum or removal-relief applications. 

 

USCIS said the revision was motivated by the need for more frequent vetting and re-screening of noncitizens working in the US, particularly after a recent high-profile security incident.

 

EAD applicants impacted by the change

The new policy covers a range of EAD applicants, as explained by Fragomen below:

 

Most notably, foreign nationals with pending adjustment of status applications who apply and qualify for an adjustment-based EAD – including employment- and family-based adjustment applicants – will receive a maximum 18-month EAD validity period under the new policy, down from a previous five-year maximum validity under the prior policy.

 

USCIS is also applying the new 18-month maximum validity period to EAD applicants admitted as refugees, granted asylum, or granted withholding of deportation or removal; and those with pending applications for asylum, withholding of removal, suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA).

 

Implications: uncertainty, frequent renewals, risk of gaps

 

For immigrants — including many from India — awaiting green cards or asylum outcomes, the new rule injects uncertainty and administrative burden. Work authorization will need renewal every 18 months now, increasing costs, paperwork, and the risk of processing delays causing employment disruptions.

 

Employers relying on immigrant labour — especially in sectors reliant on asylum-seeker workforces — may also face staffing instability, as frequent renewals raise the chances of gaps or delays in work authorization. 

 

Immigration law experts warn the policy may disproportionately impact applicants stuck in multi-year backlogs for green-card clearance, who previously relied on long-duration EADs to maintain continuous employment while waiting. 

 

What this means for employers and foreign nationals

Adjustment of status applicants and other foreign nationals impacted by the new, reduced EAD validity periods will be required to renew their EADs more frequently than under prior policy. This change will also result in an increase in the overall number of EAD renewal applications filed with USCIS, which is likely to increase EAD processing times.

 

"In addition, the shorter validity periods, coupled with the recent elimination of EAD auto-extensions for timely filed EAD renewals, may increase the risk of gaps in work authorization. Affected foreign nationals – including adjustment of status applicants – should ensure that they file EAD renewal applications as early as possible to avoid or minimize potential gaps in work authorization. In general, EAD renewal applications can be filed six months prior to the EAD expiration date, though USCIS EAD processing times can extend beyond six months," noted Fragomen.  Key points to note:  

The US has slashed work permit (EAD) validity from 5 years to 18 months.

 

The change directly impacts green card (I-485) applicants, refugees and asylum seekers.

 

The new rule applies to both fresh EADs and renewals.

 

Applicants must now renew work permits every 18 months, increasing costs and paperwork.

 

The earlier 5-year EAD validity was introduced to reduce processing backlogs.

 

USCIS says the rollback is linked to stricter security vetting and screening shown in recent incidents.

 

Immigration lawyers warn this could lead to job interruptions due to renewal delays.

 

Indian nationals in long green card backlogs will be among the worst affected.

 

Employers may face workforce instability due to frequent authorization gaps.