Change in EAD Validity Period for Adjustment of Status Applicants 

Executive Summary:  The maximum validity period for initial and renewal EADs will be 18 months for several categories of applicants, including applicants with pending applications for adjustment of status under INA 245.  This change affects EAD applications that were pending or filed on or after December 5, 2025.

This year several sudden changes in US immigration policies have limited certain immigration benefits issued by USCIS.  On December 4, 2025, USCIS announced another change that will impact certain applicants for adjustment of status who are also applying for employment authorization document.  This article describes the adjustment of status process, explains the recent change to employment authorization documents (EADs) and describes the impact that change may have on affected workers and their employers.

Adjustment of Status

Some green card applicants who are already in the US are allowed to apply for Lawful Permanent Resident (LPR) status directly from the US, rather than returning to their home country and applying for an immigrant visa.  The adjustment of status process usually involves two components: 

• Petition, including:
  • I-129F Petition
  • I-130 Petition
  • I-140 Petition
  • I-360 Petition
  • I-526 Petition
  • I-526E Petition
• Application to Adjust Status (I-485)
  • Some of the categories of persons who are eligible for adjustment of status under Section 245 of the Immigration and Nationality Act (INA) include:
    • The following applicants for family-based green cards:
      • Immediate relatives of US citizen
      • Other relative of US citizen or relative of an LPR under a family-based preference category
      • Persons admitted to the US as a fiancé or fiancée of a US citizen
      • Widows or widowers of US citizens
    • “Special immigrants”
    • Workers or investors under an employment-based preference category
    • Winners of the diversity visa lottery

Typically the Petition must be approved by USCIS before the applicant can submit an application to adjust status.  However, certain applicants are allowed to speed up the overall process by submitting the I-485 application concurrently with the immigrant Petition, or while adjudication of the Petition is still pending.  Concurrent filing is allowed in the following cases:

• Immediate relatives (ie, spouse, unmarried child under 21 years of age or parent) of US citizens
• Preference relatives of US citizens and LPRs when a visa number is immediately available;
• Widows and widowers of US citizens;
• Most employment-based applicants (including EB-1, EB-2 and EB-5) and their eligible family members when a visa number is immediately available;
• Special Immigrant Juveniles if an EB-4 visa number is immediately available;
• Self-petitioning battered spouse or child, under certain conditions;
• Certain members of the armed forces applying for a special immigrant visa; and
• Special Immigrant International Organization Employees or family members.

Despite the signficant amount of time saved via concurrent filing, in many cases the total time needed for USCIS to adjudicate the Petition and application to adjust status may exceed two years.

Employment Authorization Document

While their applications to adjust status are pending, applicants are allowed to work in the US after they have applied for (via I-765) and received an Employment Authorization Document (EAD).  It often takes USCIS several months to adjudicate an application for an EAD.

The maximum validity period of EADs has changed over recent years.

• Before 2023, the maximum validity period of EADs was either one or two years.
• In 2023 the process for renewing EADs was streamlined and the maximum validity period of EADs was increased to five years. Those changes helped USCIS work through the backlog of applications and mitigated disruptions in the US workforce.
• Based on the change announced by USCIS on December 4, 2025, the maximum validity period for initial and renewal EADs will be 18 months for several categories of applicants, including applicants with pending applications for adjustment of status under INA 245. This change affects EAD applications that were pending or filed on or after December 5, 2025.

It is anticipated that last week’s change will create an extra burden on USCIS by requiring more frequent vetting of applicants.  The disruptions in the US workforce that were mitigated by the 2023 changes (described above) may now pose a logistical challenge for US employers of foreign staff.

Conclusion

The recent change described in this article demonstrates that USCIS can modify immigration policies without advance warning.  It is therefore best for applicants for US immigration benefits to have a legal strategy that can quickly adapt to such changes.  At a minimum, US employers can strive to ensure that applications for renewal EADs are submitted at the earliest time possible (typically 180 days before expiration of the current EAD).

JORDAN COUNSEL gladly helps clients with applications for adjustment of status and employment authorization.  For assistance with your green card application or issues managing recent changes in US immigration policy, contact our law firm.