U.S. Citizenship and Immigration Services (USCIS) has recently revised its policy regarding the length of validity for Employment Authorization Documents (EADs). Under prior policy, USCIS had extended the maximum validity period for certain EADs, most notably those issued to applicants with a pending Adjustment of Status (Form I-485), to up to five years. The new policy reduces the maximum validity period to 18 months.
This longer duration was intended to reduce processing backlogs, limit the need for frequent renewals, and provide greater stability for applicants while their green card cases were pending. Under the new policy, however, the intentions of previous policy will be much harder, if not impossible to meet.
What the Previous EAD Duration Was
Before this change, many adjustment-of-status applicants, including EB-5 investors and their eligible family members, could receive EADs valid for as long as five years. This extended authorization allowed applicants to work lawfully in the United States for a substantial period without worrying about frequent renewals, filing fees, or potential employment interruptions caused by processing delays.
The Rationale Behind the Shorter EAD Validity Period
Under the revised USCIS approach, EADs issued to many applicants are now limited to approximately 18 months in validity. USCIS has stated that the change is intended to allow for more frequent review and vetting, as well as to better align employment authorization with the status of the underlying immigration application. While the policy is broadly applicable, it has particular significance for applicants whose green card processing timelines are lengthy.
Impact on EB-5 Investors and Their Families
For EB-5 investors, this change introduces additional complexity during the adjustment-of-status phase. EB-5 cases can involve extended adjudication periods due to visa backlogs, country-specific limits, or project-related review issues. With EADs now valid for a shorter duration, EB-5 investors and their dependents may need to file renewal applications more frequently, increasing legal costs, paperwork, and the risk of gaps in employment authorization if a renewal is delayed.
Practical Considerations and Planning
The shortened EAD validity period makes proactive planning more important than ever for EB-5 investors. Timely filing of EAD renewals, close coordination with immigration counsel, and clear communication with employers regarding work authorization timelines are all critical to maintaining uninterrupted employment. While the EB-5 program ultimately offers a direct path to permanent residency, this policy change underscores that the interim period before receiving a green card may now involve more administrative hurdles than in recent years.
Although USCIS’s decision to shorten EAD validity is intended to enhance oversight and security, it represents a step back from the stability provided by the prior five-year authorization period. For EB-5 investors, the change does not alter eligibility for permanent residence, but it does increase the importance of careful compliance and forward planning during the adjustment-of-status process.
The above article is intended for informational purposes only. Anyone who has specific questions related to the new EAD policy or EB-5 should consult with an experienced immigration attorney.
