(Image source from: India.com)
The Department of Homeland Security (DHS) has quickly stopped automatically renewing Employment Authorization Documents (EADs) for specific migrant groups, causing alarm and backlash from immigrant communities, legal professionals, and advocacy organizations. Immigration specialists have indicated that this change might disturb the US labor market, with some emphasizing the possibility of job losses due to long renewal waiting periods. This new rule, which starts on Thursday (October 30, US time), cancels a longstanding rule that let certain migrant workers keep their jobs while waiting for their renewal applications to be processed. Indian workers might be hit the hardest, as they represent the largest segment of H-1B visa holders and international students participating in the Optional Practical Training (OPT) program. Importantly, spouses of H-1B visa holders, who require EADs, will also feel the effects of this recent decision.
Asylum seekers with ongoing cases will be affected as well. However, green card holders, main H-1B workers, L-1 intracompany transferees, and O-1 individuals with extraordinary talents will not be impacted by this change, since they do not require EADs. According to the new policy, migrants who apply for EAD renewal on or after October 30 will no longer get automatic extensions. Now, each renewal will require fresh checks before extending the work permit. DHS stated that this action seeks to enhance screening and identify individuals who may pose a threat. Advocates for immigrants and legal experts have criticized the sudden change, which was announced with little advance notice, as leaving many skilled migrants and their employers uncertain about their status. Immigration specialist David J Bier from the Cato Institute condemned the government for the swift rule change. "Another rule enforced immediately without notice and opportunities for public feedback because it is somehow urgent to prevent people from working simply due to government mishandling," Bier expressed in a post on X.
Another expert on immigration cautioned that this rule could upset the US workforce, negatively impacting businesses and employees. "This will remove present workers from American companies, ultimately hurting American businesses and workers. This is a self-inflicted issue with no valid reason," wrote a South Carolina-based immigration attorney from Banias Law on X. Attorney Kripa Upadhyay, co-chair of the Immigration and Global Mobility Practice at Buchalter law firm, alerted that this rule might cause employees to lose their jobs, as renewing EADs can take 7 to 10 months to complete. "Workers will likely face job losses once their current EAD runs out and before a new one is granted. The USCIS does not provide a fast processing option for EADs, and the usual processing time is about seven to ten months depending on the case’s location," Kripa Upadhyay was quoted as saying by The American Bazar, a news outlet based in Germantown.
Experts indicated that the abrupt change in policy has caused confusion, leaving many applicants unexpectedly ineligible for the benefits they once depended on. The Department of Homeland Security explained the new rule, stating that it will assure proper evaluation and checks of migrant workers before their Employment Authorization Documents are renewed. "Individuals who request to renew their Employment Authorization Documents on or after October 30, 2025, will no longer get an automatic extension of their documents... Stopping automatic extensions of Employment Authorization Documents leads to more regular evaluations of people applying for the right to work in the US," said the Department of Homeland Security in a statement. "Investigating a person's background may frequently help US Citizenship and Immigration Services identify fraud and uncover individuals with potentially harmful intentions, allowing for their removal from the country," it continued. The Department of Homeland Security also mentioned that "having a job in the US is a privilege, not an entitlement."
