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WASHINGTON D.C. — In a significant policy shift, the U.S. Department of Homeland Security (DHS) has announced an interim final rule ending the automatic extension of Employment Authorization Documents (EADs) for certain non-citizens who file renewal applications. The new rule, effective October 30, 2025, marks the end of a previous practice that allowed migrant workers to continue their employment legally for a designated period (up to 540 days) while their renewal applications were pending with U.S. Citizenship and Immigration Services (USCIS).
The change is expected to have a major disruptive impact on various categories of foreign workers, with Indian nationals—who comprise a large segment of the skilled workforce—anticipated to be among the hardest hit.
🚨 What is Changing and Who is Affected?
Under the new rule, individuals who file to renew their EAD on or after October 30, 2025, will no longer receive an automatic work extension. This means that if USCIS does not approve and issue the renewed work permit before the existing one expires, the worker must immediately stop working, potentially leading to job loss or mandatory unpaid leave.
While Green Card holders and primary visa holders like H-1B, L-1, or O-1 do not typically require an EAD, the rule directly impacts several key groups, including:
H-4 Visa Holders: Spouses of H-1B specialty occupation workers, many of whom are highly skilled Indian professionals.
F-1 Students under the Optional Practical Training (OPT) and STEM OPT Extension programs.
Individuals with pending Adjustment of Status (Green Card) applications.
Asylum applicants.
The policy reversal, which bypasses a former Biden-era safeguard designed to prevent work interruptions due to lengthy processing backlogs, is likely to create considerable anxiety and uncertainty for Indian professionals and their families.
🛡 DHS Cites Security and Vetting Concerns
The DHS and USCIS leadership state that the primary reason for ending automatic extensions is to prioritize “robust alien screening and vetting” before extending work authorization.
“It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended,” said USCIS Director Joseph Edlow. The agency argues that more frequent background checks will help deter fraud and detect individuals with “potentially harmful intent.”
Disproportionate Impact on Indian Professionals
Indian professionals, particularly those on H-1B visas who often face years or even decades-long waits for a Green Card, are particularly vulnerable.
H-4 Spouses (EAD Holders): The loss of the automatic extension means H-4 visa holders, many of whom are contributing to the U.S. economy, now face a high risk of losing their legal ability to work if USCIS processing times lag.
Green Card Applicants: Those waiting for permanent residency must also continuously renew their EADs, making them susceptible to work authorization gaps.
Immigration experts have raised alarms, suggesting the move punishes legal immigrants who are already following the law and are caught in the bureaucratic delays of the system.
📝 Advice to Applicants
To mitigate the risk of a temporary lapse in work authorization, USCIS strongly recommends that affected individuals file their EAD renewal application up to 180 days before their current EAD expires. The agency confirmed that EADs that were automatically extended before October 30, 2025, will remain valid until their designated extension period expires.
The new rule places the full burden of timely processing on the government, forcing applicants to rely on efficient USCIS turnaround times to maintain their employment.
[Newsroom staff written original, where key claims or facts are used, I’ve referenced the original sources (like NDTV profit, The Times of India, Hindustan Times, Reuters, etc.) transparently.]
