US Department of Homeland Security EAD Rule Change

The US Department of Homeland Security has announced an interim rule ending the automatic extension of Employment Authorisation Documents (EAD) for migrant workers. This change is expected to significantly impact thousands of foreign employees, including many Indians.

Key Announcements

• End of Automatic Extension: Starting October 30, 2025, aliens filing for EAD renewal will not receive an automatic extension. Existing extensions before this date will remain unaffected.
• Reason for Change: This policy shift is part of a broader initiative to enhance vetting and screening to safeguard public safety and national security under the Trump administration.

Who Requires an Employment Authorisation Document (EAD)?

• An Employment Authorisation Document (Form I-766) is issued to individuals who aren't US citizens or permanent residents but are authorized to work for a specific period.
• Individuals holding a Green Card (Form I-551) do not need an EAD as their card already serves as proof of employment authorization.
• Non-immigrant visa holders, such as H-1B, L-1B, O, or P, do not require this document.

End of the Biden-era 540-day Grace Period

The new rule replaces the Biden administration's policy that allowed immigrants to work for up to 540 days post their EAD expiration, provided they applied on time and met eligibility criteria.

• Conditions for the previous rule included:
   
  1. Renewal application filed before EAD expiration.
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  1. EAD category eligible for automatic extension.
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  1. Current EAD category matched the receipt notice.
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• There are limited exceptions, such as extensions provided by law or Federal Register notices for TPS-related employment documentation.

USCIS Statement

The US Citizenship and Immigration Services (USCIS) considers this a “common sense” measure aimed at strengthening fraud detection and identifying potentially harmful individuals.

• USCIS Director Joseph Edlow emphasized, “Working in the US is a privilege, not a right.”
• Advises filing renewal applications up to 180 days before current work authorization expires to avoid employment authorization lapses.

Wider Immigration Policy Tightening

This rule change is among several immigration policy shifts under President Donald Trump, including:

• H-1B Visa Fee Increase: In September, the H-1B visa fee was raised to $100,000 to ensure only “highly skilled” professionals enter the US job market.
• Florida Governor Ron DeSantis instructed universities to prioritize hiring American workers and reduce foreign staff hiring under H-1B visas.