US Ends Automatic EAD Renewal Policy: Impact on Indian Workers and New Immigration Requirements

Trump administration is prioritising "vetting, screening to protect public safety, national security."

New Delhi:

The US Department of Homeland Security has announced an interim rule eliminating the automatic extension of Employment Authorization Documents (EAD) for migrant workers, a decision expected to impact thousands of foreign employees, including many Indians who constitute a significant portion of the expatriate workforce in America.

According to Wednesday's announcement, "Aliens who file to renew their EAD on or after Oct. 30, 2025 (Thursday), will no longer receive an automatic extension of their EAD." This policy change won't affect EADs that received automatic extensions prior to October 30.

The Trump administration emphasized that this new rule will enhance "vetting and screening to protect public safety, national security."

This change replaces the Biden administration's policy that permitted immigrants to continue working in the US for up to 540 days after their work permit expired, provided they had filed a timely renewal application, their EAD category qualified for automatic extension, and the category on their current EAD matched the "Eligibility Category" or "Class Requested" listed on their receipt notice.

"There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation," the Department of Homeland Security statement clarified.

The US government maintains that this rule will facilitate more frequent background reviews of migrant workers, which they believe will help US Citizenship and Immigration Services (USCIS) "deter fraud and detect aliens with potentially harmful intent."

USCIS Director Joseph Edlow described the measure as "common sense," emphasizing that working in the United States is a "privilege, not a right."

The USCIS has advised immigrants to seek timely renewal of their EAD by submitting renewal applications up to 180 days before expiration. "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 authorization or documentation," the statement noted.

Who Needs EAD? An EAD (Form I-766/EAD) serves as proof that an individual is authorized to work in the US for a specific time period.

Permanent residents do not need to apply for an EAD as their Green Card (Form I-551, Permanent Resident Card) already evidences employment authorization.

Individuals with certain non-immigrant statuses (H-1B, L-1B, O or P) also do not require this document.

H-1B Visa Row Earlier in September, the Trump administration increased the H-1B visa fee to $100,000 (over Rs 88 lakh) in an effort to ensure that incoming workers are "actually very highly skilled" and do not replace American workers. "We need workers. We need great workers, and this pretty much ensures that that's what's going to happen," Trump stated.

The $100,000 fee does not apply to individuals already in the US who are simply changing their visa status - for example, students transitioning from an F-1 visa to an H-1B.

In a related development, Florida Governor Ron DeSantis on Wednesday directed universities across the country to prioritize hiring Americans for university positions and discontinue the practice of importing foreign workers on H-1B visas.