- US will no longer auto-extend Employment Authorisation Documents (EAD) for renewals filed after October 30
- The change ends Biden-era policy allowing work post-expiry if renewal was timely filed
- The new rule prioritises vetting and screening to protect "public safety, national security"
The US Department of Homeland Security has announced an interim rule to stop the automatic extension of Employment Authorisation Documents (EAD) of migrant workers, a move that is likely to impact thousands of foreign employees, including Indians who make up a large portion of the expat workforce.
In a statement on Wednesday, the Department said "Aliens who file to renew their EAD on or after Oct. 30, 2025 (Thursday), will no longer receive an automatic extension of their EAD." This means, EADs automatically extended before October 30 won't be affected.
With the new rule, there will be more "vetting and screening to protect public safety, national security," the Trump administration said.
The latest move replaces the Biden administration's practice that let immigrants work in the US for 540 days even after their work permit expired, if:
- The renewal application was filed timely
- 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 the US Department of Homeland Security read.
The US government says the rule entails reviewing migrant workers' background more often, which it believes will enable US Citizenship and Immigration Services (USCIS) to "deter fraud and detect aliens with potentially harmful intent."
Calling it a "common sense" measure, the USCIS Director, Joseph Edlow, said working in the US is a "privilege, not a right."
The USCIS recommended that immigrants seek a timely renewal of their EAD by filing a renewal application up to 180 days before it is set to expire. "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 authorization or documentation," the statement read.
Who Needs EAD?
Having an EAD (Form I-766/EAD) is a way to prove that an individual is authorised to work in the US for a specific time period.
Permanent residents need not apply for an EAD. Green Card (Form I-551, Permanent Resident Card) is evidence of employment authorisation.
Individuals with a non-immigrant status (H-1B, L-1B, O or P) do not need this document either.
H-1B Visa Row
Earlier in September, the Trump administration increased the H-1B visa fee to $100,000 (over Rs 88 lakh) in a move to ensure that the people being brought into the country are "actually very highly skilled" and do not replace American workers. "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 who are already in the US and are simply changing their visa status - for example, students shifting from an F-1 visa to an H-1B.
In another big move, Florida Governor Ron DeSantis on Wednesday ordered universities across the country to hire Americans to fill university jobs and end the practice of importing foreign workers on H-1B visas.
