US Ends Automatic Work Permit Extensions for Foreign Workers

Oct 31, 2025 - The U.S. Department of Homeland Security (DHS) issued an interim rule on October 29 ending the automatic extension of Employment Authorization Documents (EADs) for foreign workers who must present a valid EAD (Employment Authorization Document) for continued employment. The decision took effect on October 30, 2025, and will impact thousands of foreign employees, especially Indian nationals. Those whose work permits were automatically extended before this date will not be affected.

The new rule effectively marks a rollback of the previous administration’s leniency toward foreign workers and overturns a Biden administration policy that allowed immigemployment permit rule  automatic EAD extension rants to continue working in the US for up to 540 days after their EAD expired.

Foreign employees are now advised to submit their renewal applications at least 180 days before their current EAD expires. And applicants must now undergo fresh vetting for renewal of their work permit.

The EAD (Form I-766) is a document issued to individuals who are not US citizens or permanent residents, but are authorised to work in the US for a limited period. Green card holders do not need an EAD. Similarly, holders of non-immigrant visas such as H-1B, L-1B, O or P are not required to apply for it. Therefore, immigrants coming on H-1B, Green Card, L-1B (intra-company transfer), O-1 (extraordinary ability visa), or P (event-based visa) will not be affected by the EAD rules.

According to DHS estimates, the order, which took effect on October 31, 2025, is expected to affect around 400,000 Indian nationals currently working in the US on employment-based authorisations. The department said the change was prompted by instances of misuse of the automatic extension policy by some foreign workers and aims to strengthen the vetting procedures and prevent fraud.

This rule will affect spouses of HI-B visa holders, H-4 visa holders, F-1 students on OPT and asylum seekers.

Source: Media Reports

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