Thousands of Indian professionals and their dependents working in the United States are likely to be hit by a major policy change effected by the US Department of Homeland Security. The new rule, which comes into play from Thursday, will abolish automatic extensions of Employment Authorisation Documents - the legal work permits required for non-US citizens to hold jobs in the country.
Automatic extensions scrapped from October 2025
“Aliens who file to renew their EAD on or after Oct. 30, 2025, will no longer receive an automatic extension of their EAD,” DHS said in a statement. “Ending automatic extensions of EADs results in more frequent vetting of aliens who apply for employment authorisation to work in the United States.”
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As per a Hindustan Times report, until now, foreign workers could continue employment for as many as 540 days while their EAD renewal applications were pending. The new rule requires them to stop working immediately if renewals are not approved before their current permits expire.
Applicants advised to renew early
The DHS further said, “USCIS recommends aliens seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires. 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.”
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Indian professionals among the worst hit
The report also says that the new change will likely affect Indian nationals most, since they account for the lion's share of the skilled expatriate workforce already caught in long green card and visa backlogs. Included in those hardest hits are H-1B visa holders who have applied for permanent residency; H-4 visa holders whose work authorisation is derived from this; students on STEM OPT extensions; and those applying for employment-based green cards.
"This rule represents a major shift in how employment authorisation renewals are handled in the US," said Henry Lindpere, senior counsel for immigration law at ManifestLaw. "The most common categories where Indians will see an impact include students on OPT, H-4 spouses, and green card applicants.”
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Processing delays could force job losses
Currently, the processing time for EAD renewals by the US Citizenship and Immigration Services can take anywhere between three to twelve months, which could force many to take involuntary breaks from work. “Almost everyone will lose work authorisation if their renewal isn’t approved before their current card expires,” Lindpere warned.
DHS cites national security reasons
The rule is defended by DHS and USCIS on national security grounds. " USCIS is placing renewed emphasis on robust alien screening and vetting," said USCIS Director Joseph Edlow. “All aliens must remember that working in the United States is a privilege, not a right.”
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As per the HT report, only TPS or extensions authorised by law are exempt under the rule. EADs automatically extended before October 30, 2025, are not affected. Immigration experts caution that the change might lead to mass job disruptions among Indians who already face decades-long waits for green cards, adding another layer of uncertainty to their future in the US.
