USCIS to Reduce EAD Validity Periods to 18 months or Less

 USCIS announced today a reduction in the validity periods of various Employment Authorization Documents (EADs) as follows:

The maximum validity period for initial and renewal EADs for the following categories will be changed from 5 years back to 18 months: 

• Aliens admitted as refugees;
• Aliens granted asylum;
• Aliens granted withholding of deportation or removal;
• Aliens with pending applications for asylum or withholding of removal;
• Aliens with pending applications for adjustment of status under INA 245; and
• Aliens with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act.

This change affects all EAD applications that are pending or filed on or after Dec. 5, 2025, and based on any of the above categories.

USCIS is also adjusting the validity periods of the other EAD categories, based on the "One Big Beautiful Bill Act," signed into law on July 4, 2025 by the President. The validity period for initial and renewal employment authorization documents will be one year or the end date of the authorized parole period or duration of Temporary Protected Status (TPS), whichever is shorter for the following categories:

• Aliens paroled as refugees;
• Aliens granted TPS;
• Aliens granted parole;
• Aliens with a pending TPS application; and
• Alien spouse of entrepreneur parole.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Risk of ICE Arrests at Immigration Hearings and Interviews

 

For foreign nationals seeking legal status or fighting deportation, voluntarily appearing at a government office—whether an Immigration Court or a USCIS field office—is often a necessary step. However, a significant policy shift has turned these spaces into potential enforcement locations, creating a heightened and complex risk of arrest.

Current Policy and Enforcement Locations

Historically, immigration enforcement was often avoided in "sensitive locations" like schools, hospitals, and places of worship. While U.S. Citizenship and Immigration Services (USCIS) offices and Immigration Courts are considered part of the civil immigration process, the policy concerning enforcement in or near courthouses has varied significantly. 

Under the current administration, ICE agents are allowed to conduct arrests at various locations, including Immigration Courts and USCIS offices.  At Immigration Courts, Arrests usually occur when individuals are appearing for scheduled removal proceedings. These often involve individuals who are undocumented or have temporary status. At USCIS Interviews,  arrests may occur at interviews for immigration benefits (like a Green Card, Adjustment of Status, or Naturalization) when the application is denied, or the applicant is discovered to have a basis for removal.

Risk Profile: Who Faces the Highest Risk of Arrest?

The risk of being detained by ICE at a scheduled appearance is highly dependent on a person’s existing legal posture and history.  

• Individuals in Immigration Court Proceedings

Those already in removal proceedings face the highest risk, particularly due to a tactic employed by ICE attorneys. ICE may ask the Immigration Judge to dismiss a non-citizen's case (often against the non-citizen’s wishes) in order to subject them to Expedited Removal outside the courthouse. This process is used for certain non-citizens and bypasses the Immigration Court entirely, allowing for fast-track deportation. Detention is far more likely once a case is dismissed for this purpose.

Furthermore, individuals who have been physically present in the U.S. for less than two years are especially vulnerable to this dismissal tactic, as they are generally subject to Expedited Removal if encountered without lawful status. Finally, any individual who has a final order of deportation/removal from an Immigration Judge is subject to immediate arrest and removal if encountered by ICE, making them a primary target.

• Applicants at USCIS Interviews

Individuals who applied for a USCIS benefit (like a Green Card or Citizenship) face a high risk of arrest if they are found to be ineligible or to have a past undisclosed violation (such as a long overstay or past fraud) that renders them removable. In such cases, ICE agents may be present at the interview to detain the applicant following the denial and immediately place them into removal proceedings.

• Past Violations and Status

While ICE enforcement priorities officially target those who pose a risk to public safety or national security, reports indicate that ICE may also detain people with no criminal record or only minor charges.  Foreign nationals have overstayed their visa status may also be arrested and detained.  Having a criminal history significantly increases the likelihood of being targeted. If a foreign national is in a clear, current legal status, has no violations, and is simply attending a routine interview or check-in, the risk is generally minimal, but risk can still arise if a background check reveals a previously unknown issue.

Preparing for an Appearance

A person who is undocumented, has overstayed a visa, or has past immigration violations should consult with a qualified immigration attorney before attending any USCIS interview or Immigration Court hearing.  Under the guidance of an attorney, such individual should prepare for the possibility of detention, including memorizing the phone number of a trusted contact and preparing a plan for childcare or critical affairs in case of immediate detention.  Remember that all persons in the U.S. have the right to remain silent and should not sign any documents they do not understand.

Legal Recourse Following Detention

Following an arrest by ICE, an individual has several potential avenues for legal recourse, though the options are often limited and dependent on the specific circumstances of their detention and case.  These options include bond hearings, Writ of Habeas Corpus, continuation of removal proceedings and filing relief applications (e.g., asylum, cancellation of removal, adjustment of status).

The policy of conducting immigration arrests at courthouses and immigration interviews creates a "chilling effect," causing people to fear accessing the very legal processes designed to resolve their status. Awareness of the risks and preparation is the essential first line of defense.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Survival Guide for Laid-Off H-1B Workers (Updated)

 

In 2025, a year defined by AI and tariffs, the U.S. tech job market remains volatile for H-1B visa holders, with ongoing layoffs contributing to broader economic uncertainty. From 2021 to September 2025, tech companies announced over 600,000 job cuts, representing about 16.7% of all U.S. job losses during that period, despite the sector's overall growth. Opportunities still exist, but competition for jobs is fierce, especially in STEM fields clustered in major metros like San Francisco and New York.

The primary risk for H-1B workers is the immediate start of a strict 60-day grace period upon job termination, during which they must secure a new sponsor, change status, or depart the U.S. to avoid accruing unlawful presence, which could trigger bars on re-entry (3-10 years).

Immigration Options Within the Grace Period

Most options depend on the grace period. The first step is to confirm the final date of employment. The grace period is 60 days from this date, not to exceed the last date in the most recent I-94 form.

A. New Employer Files H-1B Transfer. 

• The best option is to have a new employer file a “transfer” H-1B petition for you.  If filed during the 60-day grace period, you may begin working as soon as receipt of the transfer petition. Hence, start looking for a new job at the first hint of a layoff. 

B. Change to other Non-Immigrant Status

• By changing to another legal status, you are also eligible to stay in the U.S.   However, you must qualify for the status and understand the ramifications after changing to that status.  Some options include: 

  • F-1 student status (if you get admission to an institution, full-time enrollment)

  • O-1 extraordinary ability status

  • B-1/B-2 temporary visitor status

  • E-2 or EB-5, if qualified

C. Dependent Status (if spouse on H-1B, L-1, F-1, etc.)

• If your spouse remains on H-1B or other legal status, you may convert to H-4 or other dependent status.

D. Depart the U.S. & Reenter Later

• If no viable path remains, prepare to depart before grace period expires. Otherwise, you may risk arrest and deportation.  If you leave, your remaining H-1B validity may be preserved for future use. One caveat:  You will likely be subject to the $100,000 additional H-1B fee, unless you are able to return to the U.S. in another legal status.

E. Apply for an Employment-Based Green Card (EB)

• If you already had a PERM or I-140 approved, explore whether you can convert status or maintain validity via prior employer or self-petition (NIW, EB-1A).  

F. Hire yourself: Self-employment for H-1B

You may be able to self-sponsor yourself of for H-1B. First, there must be a legally incorporated U.S. entity (LLC, C-Corp, etc.) to sponsor you, of which you could be one of the owners. In addition to the normal H-1B requirements, such as demonstration of a bona fide employer–employee relationship, there must be independent oversight, such as a board of directors, other owners/investors, senior officers other than yourself.  

Other Options:  Based on the person's specific profile and circumstances, there could be other viable options.  Seek help from an experienced immigration lawyer for a thorough evaluation. 

• Other Tips and Considerations for Laid-off Workers

• Negotiate the date of termination:  Discuss with your employer to see if the termination can be extended. This would extend your grace period and "buy" you more time.

Retain critical documents:  Request for copies of your H-1B petition and the related LCA, as well as other USCIS receipt and approval notices (e.g., I-140).  Also obtain/keep copies of any PERM labor application and approvals.

Post-layoff benefits and issues:  Find out if you are eligible for unemployment benefits in your state.  Review your severance agreement carefully—for release of claims, non-compete, timing of payments (must align with immigration deadlines). Ensure continuation of health coverage (COBRA) or convert to private insurance. You may be entitled to return transportation if you decide to depart.

Financial planning & budgeting: Estimate your timeline and plan your budget accordingly. Always keep emergency funds equivalent to 3-6 months of expenses.

Plan for possible departure:  If departure is unavoidable, plan ahead for your apartment, car, pets, bank accounts, and other personal matters.

• Final Words

This is an unusually difficult moment to experience a job loss. Immigration enforcement by ICE is more aggressive than in prior years, and USCIS is applying heightened scrutiny to petitions across nearly all categories. At the same time, rapid advances in AI are reshaping the labor market and increasing competition for specialized roles. Even so, with careful planning and timely action, many individuals can navigate the disruption and position themselves for better opportunities as conditions stabilize.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

November 2025 Visa Bulletin: FB Dates Advance Slightly; EB Dates Remain Unchanged

Employment-based priority dates remain unchanged from October, while family-based dates have mild movements. 

In November, USCIS continues to honor the Filing Dates Chart for both family-based and employment-based adjustments.

The State Department also announced in the November 2025 Visa Bulletin that information, including registration period, for the Diversity Visa 2027 program (DV-2027) will be publicized in the coming months.  Applicants who are interested in entering the DV-2027 program should stay tuned. 

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based		Other Countries	China	India	Mexico	Philippines
F1	AD	11/08/2016	11/08/2016	11/08/2016	11/22/2005	01/22/2013
	FD	09/01/2017	09/01/2017	09/01/2017	03/01/2007	04/22/2015
F2A	AD	02/01/2024	02/01/2024	02/01/2024	02/01/2023	02/01/2024
	FD	10/22/2025	10/22/2025	10/22/2025	10/22/2025	10/22/2025
F2B	AD	12/01/2016	12/01/2016	12/01/2016	12/15/2007	10/01/2012
	FD	03/08/2017	03/08/2017	03/08/2017	05/15/2009	10/01/2013
F3	AD	09/08/2011	09/08/2011	09/08/2011	05/01/2001	09/22/2004
	FD	07/22/2012	07/22/2012	07/22/2012	07/01/2001	11/01/2005
F4	AD	01/08/2008	01/08/2008	11/01/2006	04/08/2001	03/22/2006
	FD	03/01/2009	03/01/2009	12/15/2006	04/30/2001	01/01/2008

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment-based		Other Countries	China	India	Mexico	Philippines
EB-1	AD	C	12/22/2022	02/15/2022	C	C
	FD	C	05/15/2023	04/15/2023	C	C
EB-2	AD	12/01/2023	04/01/2021	04/01/2013	12/01/2023	12/01/2023
	FD	07/15/2024	12/01/2021	12/01/2013	07/15/2024	07/15/2024
EB-3	AD	04/01/2023	03/01/2021	08/22/2013	04/01/2023	04/01/2023
	FD	07/01/2023	01/01/2022	08/15/2014	07/01/2023	07/01/2023
Other Workers	AD	07/15/2021	12/01/2017	08/22/2013	07/15/2021	07/15/2021
	FD	12/01/2021	10/01/2018	08/15/2014	12/01/2021	12/01/2021
EB-4*	AD	07/01/2020	07/01/2020	07/01/2020	07/01/2020	07/01/2020
	FD	02/15/2021	02/15/2021	02/15/2021	02/15/2021	02/15/2021
EB-5	AD	C	12/08/2015	02/01/2021	C	C
	FD	C	07/01/2016	04/01/2022	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)

*Visa numbers for Certain Religious Workers remain "Unavailable" in November.

5th: Employment Creation (Investors)

*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)