No more automatic extensions: Indians in US brace for job loss risk

A john r. Major insurance reposition by the US section of Homeland certificate (DHS) will force thousands of Indian professionals and their dependents to stop working if their employment authorisation renewals are not approved in time.

The rule, which takes effect Thursday, eliminates automatic extensions of Employment Authorisation Documents (EADs) - the legal work permits required for non-US citizens to be employed in the country.

"Aliens who file to renew their EAD on or after Oct. 30, 2025, will no longer receive an automatic extension of their EAD. Ending automatic extensions of EADs results in more frequent vetting of aliens who apply for employment authorization to work in the United States," DHS said in a statement.

Until now, workers could continue their jobs for up to 540 days while their renewal applications were pending approval.

Under the new rule, anyone whose renewal is not approved before their current EAD expires must stop working immediately.

“USCIS recommends aliens 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 authorization or documentation,” DHS said.

The move is expected to have an outsized impact on Indian nationals, who make up a large share of the expat workforce and are already caught in lengthy green card and visa backlogs.

Groups most likely to be affected include:

“This rule represents a major shift in how employment authorisation renewals are handled in the US,” said Henry Lindpere, senior counsel for immigration law at Manifest Law. “The most common categories where Indians will see an impact include students on OPT, H-4 spouses, and green card applicants.”

Until now, most foreign workers could keep working legally while waiting for renewal approval. Starting Thursday, however, that protection disappears.

“Almost everyone will lose work authorisation if their renewal isn’t approved before their current card expires,” Lindpere said.

Processing times for renewals at the US Citizenship and Immigration Services (USCIS) currently range from three to 12 months, depending on category and location - meaning many could face forced breaks in employment.

DHS and USCIS defended the move as a “national security” measure.

“USCIS is placing renewed emphasis on robust alien screening and vetting,” said Joseph Edlow, USCIS Director. “All aliens must remember that working in the United States is a privilege, not a right.”

The agency said it is prioritising “proper screening and vetting” of foreign workers before extending authorisation, citing a June 2025 incident in Boulder, Colorado, involving an asylum applicant whose work permit had been automatically extended.

The only exceptions to the new rule apply to Temporary Protected Status (TPS) holders or other extensions specifically authorised by law or Federal Register notice.

USCIS has advised applicants to file renewal applications up to 180 days before expiry to reduce the risk of job loss. However, even early applicants could face processing delays beyond their current permit’s expiration.

The rule does not affect EADs that were automatically extended before October 30, 2025.

Indian nationals already face some of the longest wait times in the US immigration system - in some cases stretching beyond 20 years - due to per-country limits on green card issuances. Many rely on interim work permits that must be renewed repeatedly while they await permanent residency.

Immigration attorneys warn the new rule could lead to mass job disruptions, loss of income, and potential visa status violations for families already navigating backlogs.

“This rule could create a wave of forced unemployment among skilled Indian workers who have made the US their home,” said an immigration consultant based in New Jersey. “Even one day of delay could cost them their legal ability to work.”

The decision follows a series of measures under the Trump administration tightening immigration pathways. Earlier this year, the H-1B visa fee was raised to $100,000, and Florida Governor Ron DeSantis ordered universities to stop hiring foreign nationals on H-1B visas.

The administration has framed these moves as efforts to “protect American jobs” and ensure that only “highly skilled” foreign workers enter the US labour market.

For now, the DHS rule adds another layer of uncertainty for the hundreds of thousands of Indians who form the backbone of the US tech, healthcare, and research workforce.

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