US Ends Automatic Work Permit Extensions: Thousands of Indian Professionals and Spouses of H-1B Holders to Be Hit Amid New DHS Rule
A major policy change by the US Department of Homeland Security (DHS) has sent shockwaves through the Indian expat community, as thousands of professionals and their dependents could soon be forced to stop working if their Employment Authorisation Document (EAD) renewals are not approved in time.
New Delhi, October 30: A major policy change by the US Department of Homeland Security (DHS)has sent shockwaves through the Indian expat community, as thousands of professionals and their dependents could soon be forced to stop working if their Employment Authorisation Document (EAD) renewals are not approved in time.
Effective October 30, 2025, the new DHS rule ends automatic extensions of EADs, which previously allowed foreign workers to continue employment for up to 540 days while their renewal applications were pending. Under the new rule, once an EAD expires, workers must immediately stop working unless their renewal has already been approved.
DHS Cites ‘National Security’ for the Move
According to the DHS statement, “Aliens who file to renew their EAD on or after Oct. 30, 2025, will no longer receive an automatic extension. Ending automatic extensions results in more frequent vetting of aliens who apply for employment authorization to work in the United States.”
The US Citizenship and Immigration Services (USCIS) defended the decision as a national security measure aimed at enhancing screening of foreign workers. USCIS Director Joseph Edlow said, “Working in the United States is a privilege, not a right. The new rule ensures proper vetting before granting continued work authorization.” H1B Visa Update: Florida Governor Ron DeSantis Orders to Ban H-1B Visas Across State Universities.
The change follows a June 2025 incident in Colorado involving an asylum applicant whose automatically extended work permit allegedly led to a security breach, prompting DHS to review its policies.
Indians Among the Worst Affected
The rule is expected to disproportionately impact Indian nationals, who represent one of the largest segments of the US skilled workforce. Categories most likely to be affected include H-1B visa holders, H-4 dependent spouses, students on STEM OPT, and employment-based green card applicants. H-1B Visa Fee: US Clarifies USD 100,000 Application Fee, Exempts Current Holders.
Immigration lawyer Henry Lindpere from Manifest Law said, “This rule represents a fundamental shift in how employment authorizations are handled. Indians waiting in long green card queues, H-4 spouses, and international students are among those most vulnerable.”
Processing times for EAD renewals currently range from three to twelve months, meaning even applicants who file early could face employment gaps. DHS has advised applicants to submit renewal requests up to 180 days before expiry, but with USCIS backlogs, many could still face forced job interruptions.
No Grace Period Beyond Expiry
Previously, foreign workers could legally continue their employment while their renewal was being processed. Starting October 30, that protection disappears. “Almost everyone will lose work authorization if their renewal isn’t approved before expiry,” Lindpere warned.
There are limited exceptions - only Temporary Protected Status (TPS) holders or cases where extensions are explicitly authorized by law will be exempt. The rule also does not affect EADs that were automatically extended before October 30, 2025.
Growing Uncertainty for Indian Families
Indian professionals are already battling visa backlogs and decade-long green card delays, and the new rule adds to their uncertainty. Many rely on interim work permits while waiting for permanent residency.
“This could create a wave of forced unemployment among skilled Indian workers who have made the US their home,” said a New Jersey-based immigration consultant. “Even one day of delay could cost them their legal ability to work.”
With hundreds of thousands of Indian engineers, healthcare workers, and researchers relying on EAD renewals, the policy shift threatens to disrupt families, careers, and businesses dependent on this highly skilled talent pool - amplifying concerns about America’s immigration system and its impact on global talent retention.
(The above story first appeared on LatestLY on Oct 30, 2025 06:48 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).