The United States government under President Donald Trump has reversed a Joe Biden-era policy decision that allowed automatic document extensions for foreign workers in the US. The decision is likely to affect many Indian workers in the country.
Please note: “The interim final rule does not affect EADs automatically extended before October 30,” according to the US Department of Homeland Security (DHS).
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What is the decision of the Trump administration?
The Trump administration has ended the practice of automatic extension of Employment Authorization Documents (EAD) for foreign workers in certain categories with effect from October 30, 2025, according to a PTI report.
The automatic extension exempted foreign nonimmigrant visa holders from mandatory work permit screening.
It was announced by the US DHS on October 29. It said the automatic EAD extension for aliens applying for renewal is being canceled in order to conduct “proper screening and vetting of aliens before their employment authorizations are renewed.”
Joseph Edlow, director of US Citizenship and Immigration Services (USCIS), said in a statement that there is a renewed emphasis on thorough screening and vetting of aliens, which includes “eliminating” previous administration policies that prioritized the convenience of aliens over the safety and security of Americans.
“It is a common sense measure to ensure that appropriate screening and vetting is completed before aliens are extended employment authorization or documentation. All aliens (foreigners) must remember that working in the US is a privilege, not a right,” he said.
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Why did Joe Biden allow automatic EAD extensions?
Following a rule change in May 2022, the US government under Joe Biden provided an automatic 540-day EAD extension without a verification process for applicants renewing their employment authorization.
This comes in view of fast-tracking the 15 million pending work permit applications and amid fears that further delays will lead to unemployment, the report added.
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What is EAD? Why is this important?
- Nonimmigrant visa holders in certain categories need verified employment authorization documents, or EADs, to work temporarily in the US.
- The EAD serves as proof that a nonimmigrant foreign worker is legally authorized to work in the US for a specified period of time.
- EADs are typically issued for one to two years, with some categories granted for five years.
- An applicant must file Form I-765 to obtain an EAD and eligibility depends on immigration status.
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Who usually requires an EAD to work in the US?
Most nonimmigrant aliens in the U.S. who need an EAD to work include dependents of employees of diplomatic missions and international organizations, refugees, and students.
Other eligible applicants in various categories include: spouses of H-1B nonimmigrant workers, spouses of an L-1 in-house transfer employee, spouse or unmarried child of the principal beneficiary of an approved employment-based immigrant program.
- F-1 nonimmigrant visa students seeking optional practical training (OPT) in a position directly related to their field of study may apply.
- F-1 visa holders with off-campus employment under the auspices of a qualified international organization; or F-1 students seeking employment outside of school due to severe economic hardship are also eligible for an EAD.
- Similarly, STEM students (students with a degree in science, technology, engineering, or mathematics) are eligible to apply for an EAD for a 24-month extension.
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How will Indian workers in the US be affected?
The latest move by US immigration authorities comes weeks after Donald Trump hiked H-1B visa fees from a few thousand to a staggering $1,00,000 a year.
By 2022, the United States was home to approximately 48,000 Indian Americans, US Census data showed. Of these, about 66 percent of Indian Americans are immigrants, while 34 percent were born in the US.
Any visa changes in the US will have a huge impact on the immigrant community, of which Indians form a significant number.
Key things
- The US has ended the automatic extension of employment authorization documents (EAD) for foreign workers.
- The change is aimed at strengthening the screening process for foreign workers and ensuring national security.
- Indian workers, who are a significant demographic in the US labor market, will face increased uncertainty and procedural hurdles.
