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US ends automatic work permit extensions, impacting thousands of immigrants

US ends automatic work permit extensions, impacting thousands of immigrants

A significant policy change by the United States Department of Homeland Security (DHS) is set to impact thousands of foreign professionals working across the country. Beginning October 30, 2025, the DHS will end the automatic extension of certain Employment Authorization Documents (EADs), a move that could temporarily leave many workers without legal permission to work while their renewal applications are processed.

Until now, employees whose work permits had expired but whose renewal requests were pending could continue to work legally for several months. This flexibility helped foreign nationals — particularly those from India — maintain steady employment while navigating lengthy bureaucratic processes. The upcoming rule change removes that cushion, requiring every applicant to wait for explicit approval before resuming work.

The policy reversal effectively rolls back a key measure introduced under the Biden administration that allowed immigrants to keep working for up to 540 days after their EADs expired, provided they had applied for renewal on time and were part of an eligible category. Starting October 30, that automatic 540-day extension will no longer apply. Applicants will now face a new round of background verification and security screening before renewed authorization is granted.

The DHS clarified that limited exceptions remain, including automatic extensions mandated by statute or those announced via the Federal Register for Temporary Protected Status (TPS) holders. Officials have described the change as part of a broader effort to tighten security and enhance vetting processes. The department said the new system will “deter fraud and detect individuals with potentially harmful intent” by ensuring each renewal undergoes a full review.

US Citizenship and Immigration Services (USCIS) Director Joseph Edlow characterized the move as a “common-sense adjustment” to safeguard national interests. “Working in the United States is a privilege, not a right,” Edlow stated, emphasizing that the policy aims to maintain the integrity of the immigration system.

The USCIS has advised all non-citizens holding EADs to plan ahead and file renewal applications well before expiration — ideally at least 180 days in advance — to avoid disruptions to employment. “The longer an alien waits to file, the more likely it is that they will experience a temporary lapse in employment authorization or documentation,” the agency cautioned.

Employment Authorization Documents, officially Form I-766, serve as proof that a non-citizen is allowed to work in the US for a specific period. These permits are essential for individuals on various immigration pathways, including H-4 visa holders (spouses of H-1B workers), applicants for employment-based green cards, and international students working under STEM OPT extensions.

The change is expected to have a substantial impact on Indian professionals, who make up a large portion of the US high-skilled immigrant workforce. Many are already navigating years-long delays in obtaining permanent residency, and losing the automatic extension could disrupt careers and household incomes.

Legal experts have called the shift a major procedural change. Henry Lindpere, senior counsel for immigration law at Manifest Law, explained that the rule will particularly affect “students on OPT applying for the STEM OPT extension, H-4 spouses of H-1B holders, and adjustment-of-status applicants.” Each of these categories has relied on automatic EAD extensions to continue employment while awaiting renewal decisions.

Employers across industries are also expressing concern. Labor specialists warn that the sudden elimination of automatic extensions could cause workforce shortages and administrative complications. “This will end up having a huge impact on companies who are likely to face labor shortages as their foreign nationals will no longer be authorized to work without the automatic 540-day extension,” said Shanon Stevenson, a partner at a US-based employment law firm.

The ripple effects are expected to be felt most strongly in the technology, healthcare, and research sectors — industries where skilled immigrants constitute a significant share of the workforce. Many companies already struggle with the uncertainty of visa renewals and processing backlogs at USCIS. The new rule could exacerbate hiring delays, as employers will have to manage sudden gaps when workers’ authorizations lapse.

For affected workers, the change introduces another layer of anxiety in an already complex immigration system. Some may be forced to take unpaid leaves or risk job losses while awaiting new permits. For families dependent on a single income — especially H-4 spouses of H-1B visa holders — the loss of continuity could have serious financial implications.

As the October 30 implementation date approaches, immigration attorneys are urging affected individuals to file renewals as early as possible and to maintain meticulous records of their applications. While the government defends the rule as a security-focused measure, advocates say it highlights the need for broader reforms that balance safety with the economic and humanitarian realities of America’s immigrant workforce.

For now, the decision marks one of the most consequential adjustments to US employment authorization in recent years — one that will reshape the experience of thousands of foreign professionals striving to keep their careers and lives stable in the United States.

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