The US Department of Homeland Security (DHS) has announced an interim rule that will stop the automatic extension of Employment Authorisation Documents (EADs) for migrant workers, a change that is expected to significantly impact many foreign employees, including a large number of Indian expatriates.
Effective October 30, 2025, any alien filing to renew their EAD on or after this date will no longer receive an automatic extension of their work permit. EADs that were automatically extended before this date remain unaffected.
Rationale and Impact
The Trump administration stated the move is intended to allow for more “vetting and screening to protect public safety, national security,” and to deter fraud. USCIS Director Joseph Edlow called working in the US a “privilege, not a right.”
The new rule replaces the previous Biden administration practice, which allowed workers in eligible categories to continue working for up to 540 days past their EAD expiration, provided they filed their renewal application on time. Limited exceptions to the new rule exist, such as extensions related to TPS (Temporary Protected Status).
USCIS strongly recommends that immigrants file their renewal application up to 180 days before expiration to avoid any lapse in employment authorization.
EAD Requirement Context
An EAD (Form I-766/EAD) is required to prove work authorization for specific time periods. Permanent residents (Green Card holders) and individuals on certain non-immigrant statuses (like H-1B, L-1B, O, or P visas) do not need an EAD.
This change follows other recent actions targeting foreign workers, including the Trump administration’s increase of the H-1B visa fee to $100,000 (though this specific fee increase does not apply to status changes within the US).
