US ends automatic work permit extensions; students, spouses of H-1B holders to be hit

Washington/ New Delhi: The United States Department of Homeland Security (DHS) has abruptly halted the automatic extension of certain Employment Authorisation Documents (EADs), effective Thursday, October 30 (US time). The sudden policy shift is expected to disrupt thousands of foreign workers, including H-1B visa holders’ spouses, F-1 students on Optional Practical Training (OPT), and asylum seekers, many of whom are Indian nationals.

Under the previous policy, applicants in specific categories were allowed to continue working legally while their EAD renewal applications were pending, provided they had filed them in time. The DHS stated that the new rule will now require all applicants to undergo fresh vetting and screening before their employment authorisation is renewed.

“Aliens who file to renew their EAD on or after October 30, 2025, will no longer receive an automatic extension of their EAD,” the department said in a statement. “Ending automatic extensions results in more frequent vetting of aliens who apply for employment authorisation to work in the US.” The agency added that renewed screening will help “deter fraud and detect aliens with potentially harmful intent.”

The change, announced without prior notice or a period for public comment, targets visa categories dependent on EADs. During the Biden administration, H-4 visa holders—primarily spouses of H-1B workers—and F-1 students under OPT benefited from automatic extensions that prevented employment gaps while renewals were processed.

The new requirement is expected to significantly affect Indian nationals, who form the largest group among both H-1B visa recipients and international students in the US. India accounted for 71 per cent of all approved H-1B visas, compared to China’s 11.7 per cent, according to official figures. H-1B visas are typically valid for three to six years.

Indian students are also likely to face uncertainty. In 2024, they represented 27 per cent of all foreign students in the US, a rise of 11.8 per cent from the previous year, with 422,335 enrolled, according to the US Immigration and Customs Enforcement agency. OPT allows eligible F-1 students to work in roles related to their major field of study for up to 12 months before or after graduation, as per US Citizenship and Immigration Services (USCIS) rules.

Asylum seekers awaiting case decisions will be affected as well, though H-1B principals, green card holders, L-1 intracompany transferees, and O-1 extraordinary ability visa holders remain unaffected since they do not require EADs.

Officials reiterated that “working in the US is a privilege, not a right,” advising applicants to file renewals up to 180 days before their EAD expires to avoid work interruptions. The DHS cautioned that delays in filing could result in temporary lapses in employment authorisation or documentation.