The United States Department of Homeland Security has announced that it will no longer automatically extend Employment Authorization Documents (EADs) for migrant workers, a policy change that is expected to affect thousands of foreign employees. This impact is particularly significant for Indian nationals, who constitute a substantial portion of the expatriate workforce in the country.
In a statement released on Wednesday, the Department declared, "Aliens who file to renew their EAD on or after Thursday, will no longer receive an automatic extension of their EAD." The announcement clarified that EADs which had been automatically extended prior to October 30, 2025, would remain unaffected by the new rule.
The Trump administration emphasised that the updated policy prioritises “vetting and screening to protect public safety, national security.”
This decision reverses a practice implemented under the Biden administration, which previously allowed immigrants to continue working in the United States for up to 540 days beyond the expiration of their work permit, provided the following conditions were met:
- The renewal application was timely filed;
- Their EAD category was eligible for an automatic extension;
- The category on their current EAD matches the “Eligibility Category” or “Class Requested” listed on the receipt notice.
"There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation," the statement from US Department of Homeland Security read.
The policy shift entails more frequent background reviews of migrant workers, a measure the government believes will allow US Citizenship and Immigration Services (USCIS) to "deter fraud and detect aliens with potentially harmful intent.
"Describing the change as a “common sense” measure, USCIS Director Joseph Edlow stated that working in the US is a “privilege, not a right.”
USCIS advised immigrants to pursue timely renewal of their EAD by submitting a renewal application up to 180 days before expiration. "The longer an alien waits to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorisation or documentation," the statement read.
Who Needs an EAD?
Possessing an EAD (Form I-766/EAD) serves as proof that an individual is authorised to work in the United States for a designated period.
Permanent residents are not required to apply for an EAD, as their Green Card (Form I-551, Permanent Resident Card) already provides evidence of employment authorisation.
Individuals holding non-immigrant statuses such as H-1B, L-1B, O, or P visas are also exempt from needing this document.
Also Read: Lawsuit challenges Trump’s H-1B visa fee of USD 100,000
H-1B Visa Developments
In September, the Trump administration raised the H-1B visa fee to $100,000 (over Rs 88 lakh), aiming to ensure that incoming workers are "actually very highly skilled" and do not displace American employees. "We need workers. We need great workers, and this pretty much ensures that that's what's going to happen," he said.
The $100,000 fee does not apply to individuals already present in the United States who are merely changing their visa status—for instance, students transitioning from an F-1 visa to an H-1B.
In a related development on Wednesday, Florida Governor Ron DeSantis directed universities nationwide to prioritise hiring Americans for university positions and to discontinue the practice of recruiting foreign workers on H-1B visas.
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