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The Trump administration's new rule halts automatic work permit extensions, impacting foreign professionals, particularly Indian workers waiting for green cards
The Trump administration has announced major changes to US work visa renewal policies, a move expected to affect thousands of foreign professionals, especially Indian nationals working in the country. Under the new Department of Homeland Security (DHS) regulation, foreign workers will no longer be allowed to continue working if their employment authorisation document (EAD) expires before their renewal application is approved. The policy takes effect on October 30, 2025.
Previously, foreign professionals could keep working after submitting timely renewal applications, even if their work permits expired during processing. The new rule eliminates this automatic extension, which has long been a safeguard against administrative delays. The DHS said that the change aims to ensure “proper vetting and screening” of applicants before granting renewed employment authorisation. However, critics warn it could leave thousands temporarily unemployed due to long USCIS processing times.
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"This IFR (Interim final rule) amends DHS regulations to end the practice of automatically extending the validity of employment authorisation documents (Forms I-766 or EADs) for aliens who have timely filed an application to renew their EAD in certain employment authorisation categories," a statement of the Department of Homeland Security said. “The purpose of this change is to prioritize the proper vetting and screening of aliens before granting a new period of employment authorisation and/or a new EAD,” it added.
Those most affected include students on Optional Practical Training (OPT) under F-1 visas, H-4 visa holders who are spouses of H-1B professionals, and individuals awaiting permanent residency (green cards). The rule follows the administration’s controversial proposal to impose a $100,000 fee for H-1B visa applications. Justifying the move, DHS cited national security concerns following a June 2025 attack in Boulder, Colorado involving an asylum applicant whose work permit had been automatically extended. Due to lengthy green card backlogs, Indian nationals face some of the longest waiting periods, requiring repeated renewals to maintain legal employment. The USCIS now advises filing EAD renewals up to 180 days before expiration to reduce the risk of losing work authorisation.