From 5 Years to 18 Months: How the New Work Permit Rules Impact Asylum Seekers and Other Immigrants

U.S. Citizenship and Immigration Services (USCIS) recently made a critical change affecting many immigrants and asylum seekers: work permits that used to last five years will now only be valid for 18 months. This means they must renew their employment authorization more often than before. At Siri & Glimstad LLP, we want to explain what this new rule means for you, who is affected, and how to keep your work authorization on track while avoiding gaps in employment.

What Changed in the Work Permit Rule?

USCIS’s New Policy: In December 2025, USCIS updated its policy to shorten the maximum validity of Employment Authorization Documents (EADs), commonly known as work permits, from five years down to 18 months. Any work permit application filed on or after December 5, 2025 — whether it’s your first permit or a renewal — will now result in an EAD valid for only a year and a half instead of five years.

Effective Date and Existing Permits: The rule took effect on December 5, 2025 and applies to both initial and renewal applications filed on or after that date. If you already have a work permit issued before this change (with a five-year validity), it remains valid until it expires. However, when you renew, the new card will fall under the 18-month policy. In short, USCIS is no longer issuing five-year work permits going forward.

Who Is Affected by the 18-Month Work Permit Policy?

This change impacts a broad range of noncitizens. Asylum seekers and refugees are among the most affected, but they are not alone. Key groups now facing the 18-month limit on their work authorization include:

• Asylum Seekers with Pending Cases: If you applied for asylum and your case is still pending, any work permit you get or renew will be valid for 18 months instead of five years. This includes your dependents who qualify for EADs based on your pending asylum case.
• Refugees and Asylees: Individuals admitted to the U.S. as refugees or granted asylum status will also receive 18-month work permits instead of the longer validity they used to get.
• Green Card Applicants (Adjustment of Status): Immigrants in the process of adjusting status to permanent residence (with pending green card applications) are affected as well. These applicants will receive EADs valid for 18 months and must renew more frequently while waiting for their green card.
• Withholding of Removal or Cancellation Applicants: Individuals granted withholding of removal or those with pending applications for cancellation of removal (or similar relief like NACARA) are now subject to the 18-month EAD limit. They will have to renew their work permits more often under the new policy.
• Other Humanitarian Categories: Other groups have also been impacted. For example, many Temporary Protected Status (TPS) holders and parolees now receive work permits limited to one year or to the length of their authorized stay, reflecting a general trend toward shorter validity periods.

If you fall into any of these categories – from asylum seekers to green card applicants and other humanitarian beneficiaries – expect that your employment authorization card will only be valid for 18 months under the current rules. Be mindful of your EAD’s expiration date and plan to renew well in advance.

Why Did USCIS Shorten Work Permit Duration?

USCIS says it shortened EAD validity to allow more frequent security vetting and to deter fraud. By making immigrants renew their work authorization more often, the government can re-screen applicants and catch potential issues sooner. After recent security concerns, immigration authorities want to ensure that those working undergo periodic background checks.

USCIS now prioritizes security and regular review over the convenience of longer work permits. The shorter duration forces more frequent check-ins, which officials believe will help detect anyone who might become ineligible or pose a risk.

How Does the 18-Month Limit Impact Immigrants and Asylum Seekers?

Switching to an 18-month work permit means big changes for asylum seekers and other immigrants who rely on EADs to legally work. Here are some major impacts:

• Frequent Renewals: You will need to renew your work permit much more often. Instead of having a document valid for several years, you’ll be gathering paperwork and paying fees roughly every 18 months. Each renewal comes with a filing fee (which has increased recently), so frequent renewals add financial strain in addition to extra paperwork.
• Risk of Processing Delays: With everyone renewing more often, USCIS will receive a higher volume of EAD applications. This could lead to longer processing times. If the agency cannot keep up, there’s a risk your renewal might still be pending when your current work permit expires. That scenario is stressful, because if your work authorization lapses, you cannot legally work until the new card is approved.
• No Automatic Extensions: In the past, filing a timely renewal would automatically extend your work authorization (often by up to 540 days) while you waited for the new card. That policy ended in late 2025. Now, if your EAD expires before the renewal is approved, you do not get any automatic grace period to continue working. This change, combined with the shorter validity, means gaps in work authorization are more likely if there are processing delays.
• Potential Employment Interruptions: For immigrants stuck in long waits – such as those in multi-year green card backlogs or asylum applicants awaiting decisions – the new rule brings more uncertainty. If a renewal is delayed past your EAD’s expiration, you could face an involuntary break in employment and even risk losing your job if your employer cannot hold your position.
• Employer Concerns: Frequent renewals mean employers must re-verify your work authorization more often (using Form I-9). While many employers are supportive of their immigrant employees, some may worry about the possibility of a work authorization gap. You might feel added pressure to keep your documents up-to-date to reassure your employer that you will remain authorized to work.

The 18-month validity limit adds cost, uncertainty, and a need for constant vigilance to the lives of many asylum seekers and other immigrants. Both employees and employers have to stay on top of these timelines to avoid disruptions.

How Can You Manage Renewals and Avoid Gaps in Work Authorization?

In this new landscape, it’s crucial to be proactive. Here are practical steps to manage your work permit under the 18-month rule and prevent any gap in your ability to work:

1. Mark Your Calendar: Know your work permit’s expiration date. As soon as you receive a new EAD, note the expiration. With only 18 months of validity, that date will come up quickly.
2. File Early: You can file for renewal up to 180 days (6 months) before your current EAD expires. Renew your work permit as early as possible. Filing early gives USCIS more time to process your case and increases the chance you’ll have the new card before the old one lapses. Be prepared to pay the filing fee for each renewal and budget accordingly.
3. Complete the Application Carefully: Make sure your renewal application is error-free and includes all required documents and fees. Mistakes or omissions can lead to delays or denials. Any delay in processing increases the risk of a gap in your work authorization, so it may be wise to have an immigration attorney review your application if you’re unsure about anything.
4. Monitor Your Case: After filing, keep an eye on your case status (online or through USCIS notifications). If processing is taking longer than expected, be ready to follow up with USCIS or have an attorney inquire on your behalf. Don’t assume everything is on track – stay informed about your application’s progress.
5. Communicate with Your Employer: If you feel comfortable, let your employer know that you have filed for renewal and keep them updated on the status. Many employers appreciate the heads-up and will be supportive, knowing you are taking steps to maintain valid work authorization. Transparency can help them plan around the possibility of a short gap rather than be caught by surprise.

By following these steps, you can significantly reduce the chance of an unexpected gap in your employment authorization. The key is to remain proactive and vigilant. The era of a worry-free five-year work permit is over, so make renewal planning a regular part of your routine.

How Can an Immigration Attorney Help You Navigate These Changes?

Immigration rules can be complex, especially with changes like the reduction in work permit validity. A qualified immigration attorney can be an invaluable partner in keeping your work authorization on track. At Siri & Glimstad LLP, we understand how vital your work permit is to your livelihood. We stay up-to-date on policy changes like this, and we guide our clients through renewal timing, paperwork, and any complications that arise.

By consulting with an attorney, you receive personalized advice on your situation. We can advise on the optimal timing for renewals and ensure your application is prepared correctly to avoid delays. Having a professional by your side gives you peace of mind. Instead of worrying about what might go wrong, you’ll have a plan in place and an advocate on your side.

The reduction of work permit duration from five years to 18 months is a significant shift for U.S. asylum seekers and many other immigrants. It does create new challenges, but with careful planning and the right support, you can continue your career in the United States without interruption. If you’re unsure how these rules apply to your situation or need help with a renewal, contact an immigration attorney. Our team at Siri & Glimstad LLP is here to help you navigate the process and safeguard your ability to work legally. Don’t hesitate to reach out for guidance – your future in America is worth protecting, and professional help can make a difference.