The US Department of Homeland Security has ended automatic extensions of Employment Authorisation Documents (EAD), a decision that will compel many foreign workers, particularly Indians who form a large segment of the expatriate workforce, to stop working if their renewals are not approved before their current permits expire.
In its statement on Wednesday, the Department said, "Aliens who file to renew their EAD on or after October 30, 2025 (Thursday), will no longer receive an automatic extension of their EAD." This means EADs that were automatically extended before October 30 will remain valid.
"There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation," the statement from the Department of Homeland Security added.
This change replaces the Biden administration’s earlier policy that allowed immigrants to continue working in the United States for up to 540 days after their work permit expired, provided that:
- The renewal application was filed on time
- The EAD category was eligible for an automatic extension
- The category on the current EAD matched the “Eligibility Category” or “Class Requested” on the receipt notice
US ends automatic work permit renewal: What it means for Indian workforce
The policy shift is expected to have a major impact on Indian professionals, including H-1B workers who have been waiting years or even decades for green cards, H-4 visa holders who rely on work permits, students on STEM extensions, and other employment-based green card applicants who must repeatedly renew their authorisations due to visa backlogs.
The interim final rule, taking effect from Thursday, ends the policy that allowed employees to continue working for up to 540 days while their renewal applications were being processed. From Thursday onwards, anyone applying to renew their work permit will lose authorisation the day after their current document expires if the renewal has not yet been approved.
Who needs an EAD?
An Employment Authorisation Document (Form I-766/EAD) serves as proof that an individual is permitted to work in the United States for a specified period. Permanent residents are not required to apply for an EAD, as their Green Card (Form I-551, Permanent Resident Card) already serves as proof of employment authorisation.
Similarly, individuals in non-immigrant visa categories such as H-1B, L-1B, O, or P do not need this document.
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