US to discontinue automatic renewal of work permits from October 30 — will Indians be impacted?

The Department of Homeland Security announced an ‘interim final rule’ on October 29 to stop automatically extending employment authorisation documents for certain individuals renewing their applications, emphasising the importance of thorough screening and vetting.

“With this rule, DHS prioritises the proper screening and vetting of aliens before extending the validity of their employment authorisations,” the department said.

Individuals who file to renew their Employment Authorisation Document (EAD), a document needed to work legally in the US, on or after October 30, 2025, will no longer receive an automatic extension.

What are the exceptions to the rule?

There are a few exceptions to this rule, such as extensions granted by law or through a Federal Register notice for Temporary Protected Status (TPS) related employment documentation.

According to DHS, ending automatic EAD extensions will lead to more frequent vetting of individuals applying for employment authorisation to work in the United States. Increased review of an alien’s background will allow the US Citizenship and Immigration Services (USCIS) to deter fraud and identify aliens with potentially harmful intent so they can be processed for removal from the United States.

What should affected individuals do?

USCIS has advised individuals to seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires. 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 authorisation or documentation.

The interim final rule does not affect EADs automatically extended before 30 October 2025.

Who should get EAD?

Non-US citizens or permanent residents must obtain an EAD to demonstrate their eligibility to work in the U.S. This requirement applies to individuals with pending green card applications, asylum seekers, some F-1 or M-1 visa students, and specific dependents of visa holders.

The latest move is likely to affect Indians, given that they make up a considerable chunk of the US immigrant population. The extent of the impact, at the moment, isn't clear.

How to apply for EAD?

To get an EAD, you will need to create a USCIS online account and submit Form I-765. Once the form is approved, your work permit will be sent to the address on your application. Alternatively, you can also file a paper Form I-765 application if needed.

After Form I-765 is approved, the EAD card is typically produced within 2 weeks. The card will mailed via US Postal Service (USPS) Priority Mail. 

Make sure your mailing address is correct with USCIS. If it changes after you submit your application, you must update it with USCIS and USPS promptly. Failing to update your address quickly could cause delays in your case, lead to the loss of your documents, or require you to reapply and pay the fee again.