Story in Brief
USCIS has reduced the maximum validity period of Employment Authorization Documents (EADs) from 5 years back to 18 months for several categories, effective for applications filed on or after December 5, 2025.
The change follows the earlier decision to end automatic EAD extensions, meaning foreign workers must renew early within 180 days of expiry and not 540 days as earlier, to avoid employment gaps.
H-1B workers and Green Card holders are not affected because they do not require an EAD to work; their status itself authorizes employment.
The new 18-month EAD validity applies to refugees, asylees, applicants for adjustment of status (AOS), TPS applicants, parolees, and others in similar categories.
USCIS says more frequent renewals will allow for tighter vetting, improved fraud detection, and screening of security risks.
After ending the ‘automatic extension of Employment Authorization Documents’ for foreign workers, U.S. Citizenship and Immigration Services has updated its Policy Manual to reduce the maximum validity period for Employment Authorization Documents (EAD) for certain categories of foreign workers.
The maximum validity period for initial and renewal EADs will be changed from 5 years to 18 months for several categories of foreign workers.
This change affects foreign workers with applications for employment authorization that are pending or filed on or after December 5, 2025.
Will H-1B Workers be Impacted?
All foreigners need to have an employment authorization before they can start their job in America. It is also the responsibility of the US employers to ensure that all employees, regardless of their citizenship or national origin, are authorized to work in the country.
However, not all are required to get an EAD before working in America. You do not need to apply for an EAD if you are a lawful permanent resident or holding a Green Card (Form I-551, Permanent Resident Card), which is evidence of your employment authorization.
You also do not need to apply for an EAD if you have a non-immigrant status that authorizes you to work for a specific employer incident to your status, for example, you are an H-1B, L-1B, O, or P non-immigrant.
Category of Foreign Workers
The maximum validity period for initial and renewal EADs of 18 months will apply for those admitted as refugees, granted asylum, granted withholding of deportation or removal, for those with pending applications for asylum or withholding of removal, those with pending applications for adjustment of status under INA 245, and for those with pending applications for suspension of deportation or cancellation of removal.
Policy Manual is also updated with the maximum validity period for initial and renewal EADs for spouses of an entrepreneur parolee from the end date of the authorized parole period to the end date of the authorized parole period or 1 year, whichever is shorter.
Increase in Filing Fee
The fee for filing Form I-765, Application for Employment Authorization, is $470 online and $520 in paper form. However, foreigners under asylum, parolee, and Temporary Protected Status (TPS) categories were exempted.
Now, the new fees for foreigners who file Form I-765, Application for Employment Authorization, for asylum, parolee, and Temporary Protected Status (TPS) categories are: For initial EAD applications, $550; and for renewal or extension EAD applications, $275.
End of automatic extension of EAD
Earlier, the US had discontinued the ‘automatic extension of Employment Authorization Documents’ for foreign workers, affecting nearly all visa-holding foreign workers. As a result, these workers will face increased scrutiny and vetting during the renewal of their work permits.
Under the new rules, foreign workers who file to renew their EAD on or after October 30, 2025, will no longer receive an automatic extension of their ‘Employment Authorization Documents’ (EAD). The renewal process should initiate within 180 days of the expiry of the EAD.
It is always better to renew the EAD by filing a renewal application up to 180 days before expiration to avoid a temporary lapse in employment authorization or documentation. The interim final rule does not affect EADs automatically extended before October 30, 2025.
Also, the up to 540-day automatic extension period only applies to renewal EAD applications filed before October 30. The renewal EAD applicants will no longer receive an up to 540-day automatic extension of their EAD and/or employment authorization if they file their application on or after October 30, 2025.
What is EAD
Employers in the U.S. must ensure all foreign employees are authorized to work in the country by having an Employment Authorization Document (Form I-766/EAD) serving as proof.
If an EAD is expiring or has expired, one needs to file for a renewal EAD by submitting a new Form I-765 and filing fee, unless a fee waiver is requested and approved, as soon as possible once the EAD is within 180 days of its expiration date.
Impact of New Rules
Ending automatic extensions of EADs will result in more frequent vetting of foreign workers who apply for employment authorization to work in the United States.
Reviewing a foreign worker’s background more often will enable U.S. Citizenship and Immigration Services (USCIS) to deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States.