Work permit rules in the United States are set for a major change, as the US Department of Homeland Security (DHS) has announced an interim rule ending the automatic extension of Employment Authorisation Documents (EAD) for migrant workers. The new rule, effective October 30, 2025, is expected to impact thousands of foreign employees, particularly Indians, who constitute a large portion of the US expat workforce.
Key Changes Under New Rule
According to a DHS statement, immigrants filing EAD renewals on or after October 30 will no longer receive automatic extensions. However, work permits that were automatically extended before this date will remain valid. The department stated that the rule aims to strengthen “vetting and screening to protect public safety and national security.”
Reversal of Biden-Era Policy
This move replaces the Biden administration’s policy, which allowed certain immigrants to continue working for up to 540 days after their work permits expired. It applied only if they submitted their renewal applications on time, their category was eligible, and it matched the one listed on their receipt notice. DHS clarified that only limited exceptions will remain, such as those granted by law or through Federal Register notices for Temporary Protected Status (TPS) workers.
Stricter Screening and Background Checks
The US Citizenship and Immigration Services (USCIS) stated that the new regulation will enable more frequent background reviews to detect fraud and identify individuals posing potential risks. Calling the change a “common-sense measure,” USCIS Director Joseph Edlow said, “Working in the US is a privilege, not a right.”
Renewal Guidelines for Migrant Workers
The DHS has urged all foreign employees to renew their EADs at least 180 days before expiration to avoid job disruptions. Failing to do so could result in temporary lapses in work authorisation, directly affecting employment stability.
Who Needs an EAD?
It is important to note that permanent residents (Green Card holders) and non-immigrant visa holders, such as H-1B, L-1B, O, and P visa holders, do not require EADs to work in the US.
Other Immigration Policy Tightenings
This development follows another major policy decision in September, when the Trump administration raised the H-1B visa fee to US$100,000 (over Rs 88 lakh) to ensure that only “highly skilled” foreign workers are hired. Additionally, Florida Governor Ron DeSantis directed universities to prioritise American citizens over foreign H-1B workers in hiring.
Impact on Indian Professionals
Together, these measures reflect a broader tightening of US immigration and employment policies, posing significant challenges for Indian professionals and students seeking long-term career opportunities in the United States.