On Oct. 29, the Department of Homeland Security announced an “interim final rule” that will stop the automatic extension of employment authorization documents for some individuals who renew their applications and emphasized the importance of thorough screening and vetting.
“With this rule, DHS is prioritizing the proper screening and vetting of aliens before extending their employment authorization,” the department said.
Individuals who apply to renew their Employment Authorization Document (EAD), a document required 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 work documentation.
According to DHS, ending automatic EAD renewals will lead to more frequent screening of individuals applying for employment authorization in the United States. Greater alien background checks will allow 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 advised individuals to seek 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 apply for an EAD renewal, the more likely it is that they may temporarily leave their employment authorization or documentation behind.
The interim final rule does not affect EADs automatically extended before October 30, 2025.
Who should get an EAD?
Non-US citizens or permanent residents must obtain an EAD to demonstrate their eligibility to work in the US. This requirement applies to individuals with pending green card applications, asylum seekers, certain F-1 or M-1 visa students, and certain dependents of visa holders.
The latest move is likely to affect Indians, given that they make up a significant portion of America’s immigrant population. The extent of the impact is unclear at this time.
How to apply for an EAD?
To obtain an EAD, you will need to create an online USCIS account and submit Form I-765. Once the form is approved, your work permit will be sent to the address provided on your application. Alternatively, you can also file a paper Form I-765 if needed.
Once the Form I-765 is approved, the EAD card is usually produced within 2 weeks. The card will be mailed via US Postal Service (USPS) Priority Mail.
Make sure your mailing address is correct with USCIS. If the application changes after you submit it, you must promptly update it with USCIS and USPS. Failure to update your address promptly may cause delays in your case, result in the loss of your documents, or require you to reapply and pay a fee.
