The United States Department of Homeland Security (DHS) has ended the automatic extension of Employment Authorization Documents (EADs) for immigrants who file renewal applications, effective for submissions made on or after October 30, 2025.
The change, issued as an interim final rule through the US Citizenship and Immigration Services (USCIS), marks a shift from the earlier policy that automatically granted 180-day extensions while renewal requests were pending.
Impact on visa holders
The new rule will impact non-citizens whose EADs are based on categories such as asylum status, adjustment of status, or dependents of H-1B (H-4) or L-1 (L-2) visa holders — provided those categories were previously eligible for automatic extensions. This could particularly affect Indian dependents of H-1B or L-1 visa holders, many of whom rely on EADs to maintain their employment.
Increased vetting and screening
According to DHS, the move is intended to tighten background screening and vetting before employment authorisations are renewed.
“With this rule, DHS prioritizes the proper screening and vetting of aliens before extending the validity of their employment authorizations,” the department said in an official statement.
Ending automatic extensions of EADs results in more frequent vetting of aliens who apply for employment authorisation to work in the United States, the DHS added.
Advisory for applicants
The department has advised applicants to file renewal applications up to 180 days before their current EAD expires to avoid lapses in work authorisation, warning that delays could result in temporary job interruptions.
However, EADs that were automatically extended before October 30, 2025, will remain valid until their extended expiration date. USCIS has urged timely renewals to prevent disruptions as the new vetting process takes effect.
There are limited exceptions to the new rule, including extensions provided by law or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation.
What is an EAD?
An Employment Authorization Document (EAD), often called a work permit, is a card issued by the US government (Form I-766) that grants non-citizens temporary permission to work in the country. Applicants typically file Form I-765 to obtain one, and eligibility depends on their immigration status.
Those who commonly require an EAD include asylum applicants with a pending asylum application (Form I-589), dependents of visa holders such as spouses of J-1 exchange visitors or L-1 intra-company transferees, and other non-citizens whose immigration status allows them to stay in the US but not to work automatically. Those who already hold a green card or a work-authorised non-immigrant visa like H-1B do not need an EAD.
New H-1B visa fee introduced
This move comes weeks after Trump signed a proclamation that will cause a major overhaul of H-1B visa petitions in September.
According to the proclamation, there will now be a USD 100,000 fee for new H-1B visa applications, a sharp increase from the previous level of about USD 1,500.
According to the US State Department, the new fee requirement applies only to individuals or companies filing new H-1B petitions or entering the H-1B lottery after September 21. Current visa holders and petitions submitted before that date remain unaffected. Under the proclamation, a USD 100,000 payment must accompany every new H-1B visa petition filed after the deadline, including those submitted for entries in the 2026 lottery.
