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On December 4, 2025, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance shortening validity periods for certain Employment Authorization Documents (EADs).
Specifically, effective December 5, 2025, the maximum validity period for initial and renewal EADs for those with pending adjustment of status applications, i.e., category (c)(9), will decrease from five years to 18 months. Other affected categories include refugees, asylees, those who have or are applying for temporary protected status, and other humanitarian-related EAD categories. This change applies to EAD applications in the affected categories that are filed or pending on or after December 5, 2025. Importantly, the maximum validity period for F-1 and H-4 EADs was not affected by this policy update.
Given the recent end of automatic extensions of most EADs, foreign nationals working pursuant to EADs should plan to file renewal applications as soon as possible (i.e., up to 180 days before expiration) to minimize the risk of a gap in work authorization.
If you have any questions or need additional information about this alert, please feel free to contact the HSF Kramer Immigration Group.
Partner, Head of Business Immigration, US, New York
Partner, Head of Business Immigration, US, New York
Partner, New York
Counsel, New York
Senior Associate, New York
Senior Associate, New York
Senior Associate, New York
Senior Associate, New York
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026
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