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US ends automatic work permit extensions, impacting H-1B spouses and students

US ends automatic work permit extensions, impacting H-1B spouses and students

Washington: The United States Department of Homeland Security (DHS) has announced the end of automatic extensions for certain Employment Authorisation Documents (EADs), a policy change that will have significant consequences for thousands of foreign professionals, students, and asylum seekers working in the country. The change, effective October 30, removes the automatic renewal grace period that previously allowed eligible workers to continue employment while their EAD renewal applications were being processed.

The DHS confirmed that under the new rule, foreign nationals—including spouses of H-1B visa holders on H-4 visas, F-1 students on Optional Practical Training (OPT), and asylum seekers—must now undergo complete screening and vetting before their employment authorisation can be renewed. The decision, made without prior public notice or consultation, marks a substantial policy shift from the approach taken during the Biden administration.

Until now, automatic extensions were granted to applicants who filed timely renewals under defined visa categories, ensuring that they could continue working while waiting for their new documents. The updated regulation eliminates this safeguard, potentially creating employment gaps for thousands of professionals across industries that rely heavily on immigrant labor.

The DHS stated that the decision aims to “strengthen vetting and prevent fraud” by ensuring each renewal undergoes a fresh background check. According to the official statement, “Aliens who file to renew their EAD on or after October 30, 2025, will no longer receive an automatic extension of their work authorization. Ending automatic extensions will result in more frequent vetting to deter fraud and identify individuals who may pose security risks.”

Officials also reiterated that employment in the United States is a privilege that must comply with security protocols. The DHS emphasised that every EAD renewal application will now be individually reviewed by the US Citizenship and Immigration Services (USCIS), and applicants are advised to file renewal forms up to 180 days before their current authorisation expires to avoid lapses in employment.

The policy change is expected to have the greatest impact on Indian nationals, who represent the largest share of H-1B visa holders and international students in the United States. Data from US authorities show that Indian citizens accounted for 71 percent of approved H-1B visas, while Chinese nationals made up about 11.7 percent. Similarly, Indian students comprised 27 percent of all foreign students in the US in 2024, totaling 422,335 enrollees, an 11.8 percent increase from the previous year.

For many Indian professionals and their families, the new rule could cause significant disruption. H-4 visa holders, most of whom are spouses of H-1B workers, often contribute financially to households while living in the US. With the end of automatic EAD extensions, many may face temporary job losses, adding to financial uncertainty and administrative delays.

Students on OPT will also face renewed challenges. OPT allows international graduates to work in jobs directly related to their field of study for up to 12 months, with an additional 24-month extension available for STEM graduates. Without automatic extensions, delays in processing could interrupt employment for recent graduates seeking to transition into long-term professional roles.

Asylum seekers—many of whom rely on EADs to sustain themselves while their cases are pending—are also included in the categories affected by the policy. However, individuals with permanent resident status, H-1B principals, L-1 intracompany transferees, and O-1 visa holders remain unaffected, as their employment authorisation is not dependent on EADs.

The DHS has justified its decision as part of broader efforts to ensure national security and maintain the integrity of the immigration system. It claims that the rule will allow more frequent vetting and help prevent potential misuse of employment authorisations. Officials maintain that reviewing applicants’ backgrounds through each renewal process will enable authorities to detect fraud, identify individuals with harmful intent, and initiate removal proceedings if necessary.

The abrupt nature of the change has drawn attention from immigrant communities and employers who rely on foreign talent. Without the buffer of automatic extensions, delays in USCIS processing—already known to stretch for several months—could leave many legal workers without the ability to work despite having valid pending applications.

While the DHS insists that the reform strengthens the system’s security and reliability, immigration experts warn that it could introduce widespread uncertainty among skilled professionals, students, and their families. As employers in technology, healthcare, and research sectors depend heavily on international talent, the rule’s implementation may lead to short-term workforce disruptions.

The US government’s decision to tighten vetting procedures reflects a growing emphasis on immigration control and labor regulation. For the thousands of Indian professionals and students who have built their careers in the United States, the end of automatic EAD extensions adds a new layer of complexity to navigating America’s already challenging immigration process.

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