The Department of Homeland Security announced an interim rule ending the automatic extension of Employment Authorisation Documents (EADs) for migrant workers, affecting thousands, including Indians in the United States.
The policy shift exposes a large portion of Indian migrant workers to potential job instability, as delays in processing renewals could lead to unpaid leave or job loss while they wait for permanent residency.
The new rule replaces the Biden-era 540-day grace period, aiming to strengthen vetting and prevent fraud, with exceptions for certain cases such as Temporary Protected Status (TPS)-related employment documentation.
In a major blow to Indian migrant workers, the US Department of Homeland Security on Wednesday announced an interim rule ending the automatic extension of Employment Authorisation Documents (EADs). The move is expected to affect thousands of migrant workers, including Indians, across the United States, reports said.
“Aliens who file to renew their EAD on or after October 30, 2025, will no longer receive an automatic extension of their EAD,” the Department said in a statement. The Department also added that the change is part of a broader effort to increase “vetting and screening to protect public safety and national security” under the Trump administration.
Who Requires an EAD?
An Employment Authorisation Document (Form I-766) is issued to individuals who are not US citizens or permanent residents but are authorised to work for a specific period. Those holding a Green Card (Form I-551) do not need an EAD. Individuals with non-immigrant work visas such as H-1B, L-1B, O, or P are also not required to apply for an EAD.
End of an Era – The Biden Administration’s 540-Day Grace Period
The latest rule replaces a policy introduced under the Biden Administration that allowed immigrants to continue working in the US for up to 540 days even after their work permits expired, provided they had applied for renewal in time and met eligibility criteria.
Under the Biden Administration’s rule, applicants could continue to work if:
• Their renewal application was filed before the EAD expired
• Their EAD category was eligible for automatic extension
• The category on their current EAD matched the one listed on the receipt notice.
A Common-Sense Measure
The US Citizenship and Immigration Services (USCIS) said the new rule will strengthen its ability to detect fraud and identify individuals with “potentially harmful intent.” USCIS called the new policy a “common-sense” measure, and its Director Joseph Edlow said, “Working in the US is a privilege, not a right.”
According to reports, the agency has advised migrant workers to file for renewal up to 180 days before their current work authorisation 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,” the statement said.
Exceptions to the Rule
However, there are a few exceptions to the rule, media reported. The exceptions include extensions granted by law or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation.
Stricter US Immigration Rules
The announcement by the Department comes against the backdrop of a series of immigration policy shifts under the Trump 2.0 administration. In September, the administration increased the H-1B visa fee to $100,000, arguing that it would ensure that only “highly skilled” professionals enter the US job market.
How Will Workers Be Impacted?
According to reports, any delay in US Citizenship and Immigration Services processing will result in an immediate lapse of legal work status, leading to mandatory unpaid leave or even job loss. The threat further highlights the large population of Indian workers in the US. Of the H-1B petitions approved in 2024, 71% were for applicants of Indian origin, NDTV Profit reported. The approved petitions for beneficiaries of Indian and Chinese origin together constitute 89% of continuing employment approvals.
This large population is now exposed to the vulnerabilities of job instability while they wait for permanent residency and climb higher in their careers.
