The US Department of Homeland Security (DHS) has suddenly halted the automatic extension of specific Employment Authorization Documents (EADs) starting on Thursday, October 30. This change impacts individuals such as spouses of H-1 visa holders, F-1 students on Optional Practical Training (OPT), and asylum seekers, potentially leading to gaps in their employment during the renewal process. The move is anticipated to have a significant effect on Indian workers, who constitute a substantial portion of H-1B visa holders and international students.
Under the new guidelines, foreign workers will now need to undergo thorough screening and vetting for the renewal of their employment authorizations. The DHS has clarified that this adjustment is aimed at enhancing vetting procedures and preventing fraudulent activities.
During the previous administration, individuals in specific categories, including H-1B visa holders’ spouses (H-4) and students under OPT, could continue working legally post the expiration of their EAD if they met renewal criteria. However, moving forward, every applicant will have to undergo a fresh round of screening and vetting before their employment authorization can be extended.
This sudden change, announced without prior notice or public input, particularly targets groups reliant on EADs for their jobs.
F-1 students engaged in OPT, a pathway to post-graduation employment, may now face disruptions in their careers if their applications encounter delays. Indian students represent the largest segment of international students in the US, accounting for 27% of all foreign students in 2024, as per a report from the US Immigration and Customs Enforcement.
OPT provides temporary employment opportunities related to a student’s major field of study. Eligible students can apply for up to 12 months of OPT employment authorization before or after completing their academic studies, based on US Citizenship and Immigration Services guidelines.
Likewise, H-4 visa holders, many of whom are spouses of skilled H-1B visa holders, may lose their ability to financially contribute to their families due to this policy change.
The impact will be most pronounced on Indian nationals, as data shows India represented 71% of all approved H-1B visa recipients, with China at 11.7%. Typically, H-1B visas are granted for periods ranging from three to six years.
While asylum seekers with pending claims will also be affected, green card holders, H-1B principal visa holders, L-1 intracompany transferees, and O-1 extraordinary ability visa holders are exempt from this change as they do not require EADs.
DHS has defended the decision as a measure to ensure proper screening and security checks for migrant workers before extending their EADs. The department emphasized that ending automatic EAD extensions will result in more frequent vetting of individuals applying for work authorization in the US, aimed at preventing fraud and identifying potential threats.
USCIS advises individuals to timely renew their EADs by submitting renewal applications up to 180 days before expiration to avoid employment authorization lapses or documentation issues. The DHS highlighted that delays in renewal application filing increase the risk of temporary gaps in employment authorization.