Another blow for Indian immigrants: New US rule ends automatic work permit extensions

Weeks after hiking H-1B visa fees to $100,000, the US government has announced the end of automatic extensions for Employment Authorization Documents (EADs) — a move likely to disrupt the lives and livelihoods of thousands of Indian immigrants and skilled professionals working in the country. 

In a statement released on October 29, the US Department of Homeland Security (DHS) said foreigners who apply to renew their EADs on or after October 30 will no longer be granted automatic extensions. 

“It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorisation or documentation is extended. All aliens must remember that working in the United States is a privilege, not a right,” said U.S. Citizenship and Immigration Services (USCIS) Director Joseph Edlow. 

The DHS described the change as part of its broader push to ensure “proper screening and vetting” of non-citizens before granting work authorisations. 

Who will be affected? 

The change is expected to impact a wide range of foreign nationals, including: 

• Spouses of H-1B principal nonimmigrants (H-4 visa holders) 
• Spouses of L and E nonimmigrants 
• Individuals with refugee or asylee status 

Under the new rule, applicants are advised to file renewals up to 180 days before expiry to avoid gaps in work authorisation. However, even those applying early could face delays that jeopardise their employment, attorneys warn. 

The DHS clarified that the new rule will not affect EADs automatically extended before October 30, nor will it apply to Temporary Protected Status (TPS) holders or cases where an extension is explicitly authorised by federal law. 

Previously, under the Biden administration, eligible applicants received an automatic 540-day extension upon timely filing for renewal — allowing them to continue working while their cases were processed. 

Mounting uncertainty for Indian workers 

Indian nationals, who make up a significant share of America’s tech and healthcare workforce, are expected to feel the greatest impact. 

According to US Census Bureau data, about 4.8 million Indian Americans lived in the United States as of 2022 — with two-thirds being immigrants. Many depend on renewable work permits as they wait for permanent residency, a process that for some can stretch over two decades due to per-country green card limits. 

“This rule could create a wave of forced unemployment among skilled Indian workers who have made the U.S. their home,” said an immigration consultant based in New Jersey. “Even one day of delay could cost them their legal ability to work.” 

Immigration attorneys warn that thousands could face job losses, income disruptions, and visa status violations due to the new rule, further compounding the uncertainty many already face. 

Part of a broader crackdown 

The EAD overhaul follows a series of restrictive immigration measures under the Trump administration. In September, President Donald Trump signed a proclamation raising H-1B visa fees to $100,000 annually, framing it as a step to “protect American jobs.” 

Earlier this year, Florida Governor Ron DeSantis ordered state universities to halt the hiring of foreign nationals on H-1B visas. 

Collectively, the measures reflect a renewed effort to limit the entry and stay of foreign professionals in the US labour market — especially in sectors like technology, healthcare, and research, where Indian workers play a pivotal role. 

For now, the DHS’s latest decision adds another layer of bureaucratic and emotional strain on thousands of Indian families already navigating America’s complex and uncertain immigration system.