A new policy by the US Department of Homeland Security (DHS) will affect thousands of Indian professionals and their dependents, forcing them to stop working if DHS does not approve their Employment Authorization Document (EAD) renewals on time. Starting Thursday, the rule eliminates the automatic extension of EADs, which previously allowed workers to continue working while their renewal applications were pending. Under the new regulation, anyone whose EAD renewal the authorities do not approve before the current one expires must stop working immediately. DHS advises workers to apply for EAD renewals up to 180 days in advance to avoid gaps in employment authorization.
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The new policy will significantly impact Indian nationals, who make up a large portion of the expat workforce and already face long visa and green card delays. Affected groups include H-1B visa holders waiting for green cards, H-4 visa spouses, students on STEM OPT extensions, and green card applicants with pending status adjustments. Henry Lindpere, senior counsel for immigration law, said the policy shift will hit Indians in these categories hardest. Under the new rule, workers will lose authorization to work if their renewal isn’t approved before their current permit expires. DHS and USCIS defend the policy as a national security measure, aiming to improve foreign worker screening and vetting.
Exceptions and Growing Uncertainty for Indians
The new rule only exempts Temporary Protected Status (TPS) holders or other extensions authorized by law or Federal Register notice. USCIS recommends applying for renewal 180 days before expiry to avoid job loss, but even early applications may face delays. EADs that the system automatically extends before October 30, 2025, remain unaffected. Indian nationals, already facing long wait times for green cards, may experience job disruptions and income loss. Immigration attorneys warn that even a delay of one day could jeopardize workers’ legal ability to stay employed. The rule adds to growing uncertainty for skilled Indian workers, especially amid ongoing crackdowns on H-1B visas.
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