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Shortened Validity Periods of Employment Authorization Documents Will Affect Businesses!
On December 4, 2025, the Department of Homeland Security (DHS) announced it is shortening the maximum durations of most employment authorization documents (EAD) for those whose status categories are applicable. The update from U.S. Citizenship and Immigration Services (USCIS) states “the reduced maximum validity periods for certain categories will result in more frequent vetting of aliens who apply for authorization to work in the United States”. The government also specified the reason for the increased vetting is “to deter fraud and detect aliens with potentially harmful intent”. The announcement coincides with the DHS shift away from automatic extensions of employment authorization for many categories of temporary workers at the end of October this year. Of utmost importance, this latest announcement changes the maximum validity period for EADs from a full five-years to 18 months.
Which Categories of Workers will be Affected?
There are approximately 60 different categories of temporary workers who receive EADs in the U.S. Of those 60, many individuals have applied for various avenues of relief from deportation while others have been granted statuses that avail them work authorization continuously; however, they must reapply for their work permits well in advance of expiration dates on their EADS. The federal government routinely begins to accept applications for EAD renewals six months in advance of current expiration dates. The following represents the categories and corresponding EAD codes of the affected individuals:
- Asylum seekers/applicants in the U.S. (C08 Category Code)
- Adjustment of status applicants (C09P Category Code)
- Applicants for cancellation of removal (C10 Category Code)
- Refugees admitted to the U.S. (A03 Category Code)
- Those granted asylum in the U.S. (A05 Category Code)
- Those granted withholding of deportation/removal from the U.S. (A10 Category Code)
- Applicants for withholding of removal
USCIS announced that the change in the maximum validity period for the above-mentioned categories will become effective for all employment authorization applications that are pending or filed on or after December 5, 2025. In the same announcement, USCIS stated individuals who have been paroled into the U.S. or have applied for, or have been granted, temporary protection status (TPS), the validity period for employment authorization documents will be one year or the end of the authorized parole period or duration of TPS, whichever is shorter. The following represents the categories and corresponding EAD codes of the affected individuals:
- Those paroled into the U.S. as refugees (A04 Category Code)
- Those granted TPS (A12 Category Code) and those with a pending petition for TPS (C19 Category Code)
- Those granted paroled into the U.S. (C11 Category Code)
DHS Shortens EAD Validity Periods – What Employers Need to Know
As stated in my previous article regarding the government’s elimination of automatic extensions for EAD’s, companies hiring workers in the U.S. must complete and maintain DHS I-9 Forms to verify each employee’s identity and employment eligibility. For employees with temporary work authorization from DHS, employers must ensure continuous and uninterrupted documentation of that authorization on the I-9 Forms. Most temporary workers receive an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS), a component agency under the DHS umbrella. EADs display issuance and expiration dates, and there are about 60 categories of temporary work authorization. Depending on the category, USCIS grants specific periods of employment authorization (many now lasting up to five years, including for most asylum applicants). The government requires individuals obtain a new EAD before their current authorization expires to continue working without interruption. Automatic extensions for certain categories of EADs have been eliminated as of the end of October 2025.
For U.S. employers, the shortening of the vast majority of EAD validity periods is a significant development. For a number of years, EAD validity periods have predominantly been two to five years in duration. The backlog in EAD approvals was significant during the COVID-19 national emergency, as well as the ensuing years after the pandemic when the federal government was getting back to some normalcy with personnel and staffing levels. Two- and three-year EAD periods of validity went to five years. For employers, that meant more permanency of temporary workers and some peace of mind related to compliance with all Form I-9 regulations. Reverifications of EADs and automatic extensions (when they were permitted) had to be properly and timely recorded in each person’s I-9 record. The shorter validity periods announced by USCIS will necessitate the reverifications of temporary workers much more often than ever in the past. Businesses and their respective staff who are responsible for making sure continuous work authorization is documented properly and maintained continuously will need to fully understand the processes and ensure that they are reminding affected employees of their need to reapply for EADs at the proper times.
Employer Responsibilities for I-9 Compliance with Shortened EAD Periods
The responsibility for documenting work authorization, typically handled by human resources, people operations, and similar teams, will now fall under Supplement B of the I-9 form. Supplement B is the section of the form that mainly deals with reverification of EADs. To maintain continuous work authorization in the U.S., temporary workers should apply for new EADs as early as possible, up to 180 days before their current EAD expires. With the increased vetting of EAD applications and the federal government’s focus on placing aliens in removal procedures, the process of receiving a new EAD may be severely impacted and delayed. Employers must continuously remind their employees to apply early for their new EADs and follow up with each person as a best practice. Maintaining operational continuity is critical, particularly given the limited labor pool. Preventing terminations due to delayed filings and lack of updated work authorization should remain a priority for all businesses.
Risks of I-9 Non-Compliance: ICE Audits and Financial Penalties
The I-9 is a one-page form that appears to be simple and straightforward. Nothing could be further from the truth. The nuances and machinations of the I-9 and what is required of all personnel trying to remain in full compliance with federal requirements is daunting at best. ICE has pressed hard on the gas pedal to significantly increase its worksite enforcement capabilities and actions, which includes compliance audits of I-9 forms.
The key thing to understand about ICE’s calculation of fines during I-9 audits is that each deficient I-9 form counts as a single violation—no matter how serious the errors are. In other words, one small uncorrectable mistake is treated the same as several major ones, and the penalties can add up quickly. If a significant percentage of your I-9 forms contain errors, total fines can easily exceed $100,000 or more. The risks increase even further if you fail to properly maintain I-9 forms for temporary or short-term employees, especially when reverification is not completed on time. Simply put, ICE will issue fines whether the mistake is minor or major. Employers that proactively audit and correct their I-9 forms before an official inspection can dramatically reduce their exposure.
Immediate Action Steps
- Audit your workforce: Identify employees with temporary work authorization.
- Communicate early: Remind employees to file EAD renewals up to 180 days before expiration.
- Update HR procedures: Train staff on new DHS rules and reverification requirements.
- Monitor compliance: Track expiration dates and follow up proactively.
Expert Support for Immigration Compliance
Guidepost’s team of I-9 compliance experts can assist your business in navigating the constant changing rules and regulations that impact your I-9 compliance program. Our team stays up on the latest peculiarities of I-9 preparation, remediation processes, and procedures through active and on-going engagements with small, medium, and large sized companies across the entire country. Rapid risk-assessments, I-9 and E-Verify audits, document and identity fraud evaluations, and tailored training sessions (in-personal and virtual) to human resources personnel are our mainstays and daily workflows during this tumultuous time. We are here to help you with any immigration compliance concerns, questions, or identified needs.
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