The United States government, under President Donald Trump, has rolled back a Joe Biden-era policy decision, which allowed automatic extension of documents for foreign workers in the US. The decision is likely to impact many Indian workers in the country.
Please note: “The interim final rule does not affect EADs automatically extended before October 30,” according to the US Department of Homeland Security (DHS).
What is the Trump administration’s decision?
The Trump administration has ended the practice of automatically extending the validity of employment authorisation documents (EADs) for foreign workers in certain categories, with effect from October 30, 2025, as per a PTI report.
The automatic extension exempted foreign non-immigrant visa holders from mandatory re-vetting of work permits.
The announcement was made by the US DHS on October 29. It stated that automatic extension of EADs for foreigners filing renewal applications is being scrapped, with aim to conduct “proper screening and vetting of foreigners before extending the validity of their employment authorisations”.
In a statement, Joseph Edlow, director of the US Citizenship and Immigration Services (USCIS) said there is a renewed emphasis on robust screening and vetting of foreigners, and this includes “eliminating” policies of the previous administration that prioritised convenience of foreigners ahead of safety and security of Americans.
“It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorisation or documentation is extended. All aliens (foreigners) must remember that working in the US is a privilege, not a right,” he stated.
Why did Joe Biden allow auto extension of EADs?
Amending the rules in May 2022, the US government under Joe Biden, provisioned for an automatic 540-day EAD extension without verification process for applicants renewing their employment authorisation.
This was done with a view to fast track the 15 lakh pending requests for grant of work permits, and amid concerns that further procedural delays would lead to unemployment, the report added.
What is an EAD? Why is it important?
- To work temporarily in the US, non-immigrant visa holders in specific categories require an validated employment authorisation documents or EADs.
- The EADs serve as proof that the non-immigrant foreign worker is legally allowed to work in the US, for the specified amount of time.
- EADs are usually issued for one to two year durations, with some categories being granted for five years.
- An applicant has to file Form I-765 to obtain an EADs and the eligibility depends on immigration status.
Who usually require EADs to work in the US?
A majority of the non-immigrant foreigner in the US, who require EADs to work include dependents of employees on diplomatic missions and international organisations, refugees, and students.
Other eligible to apply under various categories include: Spouses of H-1B nonimmigrant workers, spouse of an L-1 intracompany transferee, spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant programme.
- Students with F-1 non-immigrant visa seeking an Optional Practical Training (OPT) in a position directly related to area of study, are eligible to apply.
- Those F-1 visa holders with off-campus employment under the sponsorship of a qualifying international organisation; or F-1 students seeking off-campus employment due to severe economic hardship are also eligible for EADs.
- Similarly, STEM students (Students with a degree in Science, Technology, Engineering, or Mathematics) are eligible to apply for EADs for 24-month extensions.
How will Indian workers in the US be impacted?
The latest move by the US immigration authorities comes a few weeks after Donald Trump hiked fees for the H-1B visa from a few thousands to a staggering $1,00,000 annually.
Till 2022, the US was home to around 48 lakh Indian Americans, US Census Bureau data showed. Of these, around 66 per cent of Indian Americans are immigrants, while 34 per cent are US born.
Any visa changes in the US will have huge impact on the immigrant community, of which Indians comprise a significant number.
Key Takeaways
- The US has ended the automatic extension of employment authorisation documents (EADs) for foreign workers.
- The change is aimed at strengthening the vetting process for foreign workers and ensuring national security.
- Indian workers, a significant demographic in the US job market, will face increased uncertainty and procedural hurdles.
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