USCIS Policy Manual Update: EAD Validity Period Change Affects EB-5
By Joey Barnett | Partner, WR Immigration
USCIS issued a Policy Manual update reducing the maximum validity period for Employment Authorization Documents (EADs) from five years to 18 months for several categories, including EB-5 immigrant investors with pending adjustment of status applications under INA § 245. This policy applies to any EAD application filed on or after December 5, 2025, as well as currently pending applications submitted by EB-5 investors that have not yet been adjudicated.
USCIS states the purpose of the change is to enable more frequent identity and security vetting, allowing the agency to re-screen applicants more often, detect potential fraud indicators sooner, and take enforcement action where needed. While the policy applies broadly across many adjustment-based categories, EB-5 investors are included.
For Regional Centers, this shift means EB-5 investors applying for AOS-based EADs/Advance Parole will face more frequent renewal cycles, additional costs, and the possibility of employment gaps due to prolonged USCIS processing, unless the rule ultimately exempts EB-5.
Regional Centers should be prepared for increased investor questions, planning around longer adjudication windows, and potential delays for investors relying on EAD/AP for domestic employment or international travel. Because EB-5 investors contribute substantial capital and job creation to U.S. projects, industry stakeholders may wish to advocate for a carve-out or extended validity period specific to EB-5 in order to preserve program predictability and reduce unnecessary administrative burdens for both applicants and USCIS.
IIUSA will provide any additional updates as they are available.
