US Ends Automatic Work Permit Extensions, Hitting Indian Students And H-1B Spouses
The US Department of Homeland Security (DHS) has abruptly ended the automatic extension of work permits for several categories of foreign workers, a move that will significantly impact Indian professionals, students, and their families. The overnight rule change, effective Thursday, eliminates the grace period that allowed spouses of H-1B visa holders and international students on Optional Practical Training (OPT) to continue working while their renewal applications were being processed.
In a major policy shift, the DHS announced that any Employment Authorisation Document (EAD) renewal application filed on or after October 30, 2025, will no longer be eligible for an automatic extension. This reverses a Biden-era policy that allowed for extensions of up to 540 days to prevent gaps in employment due to processing backlogs. Now, these foreign workers will face a potential loss of employment if their EAD renewal is not approved before their current permit expires.
The DHS justified the change as a measure to “strengthen vetting procedures and prevent fraud,” stating that it will allow for more frequent background checks on applicants. “Reviewing an alien’s background will often enable US Citizenship and Immigration Services (USCIS) to deter fraud and detect aliens with potentially harmful intent,” the DHS said, adding a stark reminder that “working in the US is a privilege, not a right”.
The move is expected to have an outsized impact on the Indian community. India accounted for 71% of all H-1B visas in 2024, and Indian students make up the largest group of international students in the US, many of whom rely on OPT to gain work experience after graduation. H-4 visa holders, who are spouses of H-1B workers, will also be affected, potentially losing their ability to work and contribute to their family’s income.
USCIS has advised applicants to file for renewal up to 180 days before their current EAD expires to minimize the risk of a lapse in employment authorization. The rule change does not affect green card holders or those on H-1B and L-1 visas, as they do not require a separate EAD to work.
