USA Mandates Shorter Work Permit Validity to Intensify Vetting of Aliens in 2026

U.S. Citizenship and Immigration Services (USCIS) has announced a significant policy shift aimed at increasing the frequency of screening and vetting for foreign nationals working in the United States. Effective in December 2025, the agency updated its Policy Manual to reduce the maximum validity period for Employment Authorization Documents (EADs) for several key immigration categories. This move ensures that the USCIS must conduct security and fraud checks more often, fundamentally changing the renewal cycle for applicants throughout 2026 and beyond.

This change is driven by twin objectives: enhancing national security in the wake of recent incidents and incorporating legislative mandates from the newly enacted H.R. 1 – One Big Beautiful Bill Act. The net result is a highly compressed work authorization timeline for thousands of foreign nationals, raising the critical importance of timely renewals to avoid employment gaps.

Reduced EAD Validity: From Five Years Back to 18 Months

The most substantial change reverses a previous policy that allowed for EADs to be issued for up to five years for certain categories. Under the new guidance, the maximum validity period for both initial and renewal EADs has been sharply reduced to 18 months for several major humanitarian and benefit-seeking categories.

This change affects EAD applications that were pending or filed on or after December 5, 2025. The reduction directly impacts the following populations, who will now be required to renew their work permits and undergo the associated vetting checks significantly more often:

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• Asylum Seekers and Recipients: Aliens admitted as refugees, aliens granted asylum, and those with pending applications for asylum or withholding of removal (C08/A05 categories).
• Adjustment of Status Applicants: Aliens with pending applications for adjustment of status under INA 245 (C09 category), including those pursuing employment-based and family-based green cards.
• Protection from Removal: Aliens granted withholding of deportation or removal, and those with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA).

USCIS stated that the purpose of reverting to shorter validity periods is to enable more frequent vetting of applicants for work authorization. According to the agency, this increased frequency will enable USCIS to better deter fraud and detect individuals who may pose a threat to public safety, ensuring they are processed for removal from the U.S.

“Reducing the maximum validity period for employment authorization will ensure that those seeking to work in the United States do not threaten public safety or promote harmful anti-American ideologies,” stated Director Joseph Edlow in the official USCIS news release announcing the change.

Legislative Mandates Under H.R. 1

In addition to the USCIS Policy Manual update, the validity periods for several other EAD categories are being reduced to comply with the H.R. 1 – One Big Beautiful Bill Act (Public Law 119-21), which was signed into law on July 4, 2025.

As mandated by this legislation, the validity period for initial and renewal EADs is now limited to one year or the end date of the underlying authorized status (whichever is shorter) for the following categories:

• Aliens paroled as refugees, or those granted parole.
• Aliens granted Temporary Protected Status (TPS), or those with a pending TPS application.
• Alien spouse of entrepreneur parole.

These legislative requirements apply to any Form I-765, Application for Employment Authorization, that was pending or filed on or after July 22, 2025, the date USCIS published a Federal Register notice detailing the implementation of H.R. 1.

Practical Implications for Applicants and Employers in 2026

The convergence of the reduction of EAD validity to 18 months and the one-year cap mandated by H.R. 1, combined with the earlier elimination of the 540-day automatic EAD extension, creates a high-stakes environment for foreign workers in 2026.

1. Increased Renewal Frequency: Affected applicants, especially those with pending adjustment of status applications (who previously enjoyed a five-year EAD validity), must now file for renewal every 18 months. This dramatically increases the filing burden and associated costs (including the recently announced fee increases for certain EAD categories).
2. Higher Risk of Employment Gaps: The reduced validity period, coupled with the elimination of the 540-day automatic EAD extension for renewals filed on or after October 30, 2025, means that any processing delay at USCIS can now lead to a mandatory gap in work authorization. Applicants must be meticulous in filing their Form I-765 renewal as early as the 180-day window allows to minimize this risk.
3. Increased Vetting: The shorter validity period is an intentional operational decision by USCIS to ensure more frequent security vetting. Applicants must ensure their records are up-to-date and prepare for the possibility of greater scrutiny during the renewal process.
4. Employer I-9 Compliance: Employers must adapt their internal processes for Form I-9 compliance to track these shorter validity periods and execute reverification procedures more frequently for their affected workforce.

These changes underscore a persistent focus by the U.S. government on heightened national security and operational control within the immigration system, requiring proactive and meticulous planning from all impacted parties entering 2026.