US Ends Automatic EAD Extensions: Implications for Indian Expats

(UNITED STATES) The U.S. Department of Homeland Security has ended the policy that let many non-citizens keep working while their work-permit renewals were pending, a shift officials say will take effect on October 30, 2025 and could leave thousands facing employment gaps if their new cards are not approved in time. The change ends the automatic extension of Employment Authorization Documents for most categories of workers who file renewals on or after that date, removing a safety net that, in recent years, allowed continued work for up to 540 days after a card expired while U.S. Citizenship and Immigration Services processed backlogs.

The department said the new rule is meant to step up scrutiny of applicants who seek to renew their authorization. According to the Department of Homeland Security and U.S. Citizenship and Immigration Services, the objective is to ensure

“appropriate vetting and screening … before an alien’s employment authorisation or documentation is extended.”
USCIS Director Joseph Edlow described the change as a
“commonsense measure … All aliens must remember that working in the United States is a privilege, not a right.”
DHS also cited “national security and vetting concerns” as the reason for the change, framing the rollback as a move to deter fraud and prevent approvals for those who might pose a risk.

The policy shift carries particular weight for families whose legal ability to work depends on timely renewals of what are often called Migrant Work Permits. Under the prior rule, many non-citizens who filed a renewal on time—provided their category qualified—received an automatic extension that let them continue working while USCIS reviewed their application. With the new rule, renewal filings on or after October 30, 2025 will not receive that automatic extension. Only limited exceptions apply, including groups whose work authorization is extended by law or through a Federal Register notice, such as certain holders of Temporary Protected Status.

While the rule touches many corners of the immigration system, the impact will be wide for categories that rely on EAD cards rather than work authorization tied directly to a visa. Those include H-4 spouses of H-1B specialty-occupation workers, L-2 spouses of L-1 intracompany transferees, adjustment-of-status applicants seeking permanent residence, and asylum applicants who depend on an EAD to work lawfully in the United States. For Indian professionals and their families—who form a large share of the H-1B and H-4 population—the end of the automatic extension raises the prospect of sudden pauses in employment if renewal approvals do not arrive before current cards expire.

The American Immigration Lawyers Association warned the reversal

“will damage American businesses, workers, and families,”
arguing that employers across technology, healthcare, and other sectors have come to rely on continuity of authorization during lengthy adjudication times. Business groups have long said automatic extensions act as a buffer against processing delays by USCIS, protecting both payrolls and legal compliance obligations. Without that buffer, employers could be forced to place staff on leave, reassign critical work, or terminate employment temporarily, even when renewal applications were filed months in advance.

Immigration attorneys say the immediate practical risk is a higher chance of gaps between the expiration of a current EAD and the approval of a renewal. DHS itself has advised applicants to file up to 180 days before their card expires in order to reduce that risk. The department also said that eligible applicants—such as those tied to adjustment of status, Temporary Protected Status, asylum, Deferred Action for Childhood Arrivals, and certain parole programs—should consider submitting electronic filings before October 30, 2025, by 11:59 p.m. UTC (7:59 p.m. Eastern) to retain the prior extension benefit for that filing. Renewal applicants who submit after that cutoff will not be covered by an automatic extension.

The change arrives three years after USCIS introduced a 540-day automatic extension in May 2022 to steady the labor market during the pandemic and address a surge in processing times. That temporary fix gave employers and workers breathing room when work cards expired before renewals could be approved. By revoking the extension for filings made on or after the effective date, DHS is signaling a return to pre-pandemic strictness, with the added emphasis that it sees stronger upfront screening as a priority even if it means employment interruptions. For many families, especially those from India who bear the brunt of long queues in high-skilled categories, the end of this automatic extension may force earlier filings, closer deadline tracking, and contingency plans for potential downtime.

Officials have stressed the policy is not retroactive. EADs that were renewed and automatically extended before October 30, 2025 remain valid until the extended expiration date printed on an approval notice or calculated under existing rules. The new approach applies to renewal applications filed on or after the effective date; it does not claw back extensions already granted. That distinction will matter in workplaces where teams include both employees whose renewals were already filed and others due to file later in the year.

As the effective date approaches, attorneys and human resources managers are urging affected workers to confirm which category their EAD falls under and whether any statutory or Federal Register-based extensions apply. While most categories lose the automatic extension with this rule, certain groups retain protections by law. For example, people with Temporary Protected Status often receive work-authorization extensions through Federal Register notices that automatically push validity forward to a defined date. USCIS is directing applicants to file renewals as early as rules allow and to monitor case status closely to avoid surprises.

The policy change also raises compliance questions that reach beyond individual workers. Employers will need to examine I-9 employment eligibility reverification calendars more carefully and prepare for scenarios where a worker’s authorization lapsed mid-project because a renewal filed after October 30, 2025 had not yet been decided. Many companies that previously relied on the 540-day automatic extension to maintain continuity will have to adjust onboarding, project planning, and leave policies to avoid penalties for allowing work without valid authorization. The American Immigration Lawyers Association’s warning that the move

“will damage American businesses, workers, and families”
reflects concerns that the added friction could ripple through supply chains and service delivery at a time when many sectors remain short-staffed.

USCIS said the rule is intended to deter fraud and identify individuals with

“potentially harmful intent,”
and the department cast the end of the automatic extension as part of a broader effort to improve vetting. The emphasis on stricter screening marks a shift in priority from processing speed to risk management. That trade-off may be felt most acutely by categories where renewals are frequent and processing times historically variable, such as H-4 spouses working in professional roles, asylum applicants awaiting decisions, and adjustment-of-status applicants in multiyear green card queues.

Workers and employers still have a narrow window to take steps that keep them under the old policy for one more cycle. DHS has advised eligible individuals to submit renewal applications electronically before the deadline to secure the now-ending automatic extension. Applicants renewing their Employment Authorization Document typically use Form I-765; USCIS directs filers to the USCIS Employment Authorization (Form I-765) page for instructions on eligibility and required evidence. Some categories tied to permanent residence—such as adjustment of status—may also involve Form I-485, which USCIS describes on the Application to Register Permanent Residence or Adjust Status page. Filing early and confirming category-specific rules remain the main tools to reduce the chance of a work stoppage once the automatic extension falls away.

Communities built around long-term skilled immigration say the timing matters. The effective date near year-end payroll cycles means companies may confront authorization lapses mid-quarter, with financial and staffing implications. Mixed-status families worry that the end of the automatic extension will pressure spouses to step back from careers or take unpaid leave if their cards do not arrive in time. For Indian professionals in H-1B roles, whose spouses often hold H-4 EADs, the difference between filing a few days before or after the deadline could decide whether a family can rely on a built-in cushion or must brace for a gap.

The government has opened the door for public feedback on the rule. Comments may be submitted to the Department of Homeland Security until November 29, 2025 under docket number USCIS-2025-0271. Advocacy groups will likely use the period to press for carve-outs or transition mechanisms, arguing that the abrupt end of the automatic extension could upend work and family plans despite timely filings. For now, DHS has made clear that the central goal is tighter screening before work authorization is renewed, with exceptions limited to those expressly provided by law or notice.

Legal practitioners note that the chain reaction from this change can be subtle but far-reaching. A single missed paycheck because an EAD renewal is pending can affect credit, leases, and health insurance. Employers must also avoid discriminatory practices while managing reverification, ensuring that employees are treated consistently regardless of nationality. Yet the core operational task is straightforward: audit expiration dates, advise early filing—USCIS says up to 180 days in advance—and plan for potential downtime where automatic extension once filled the gap.

For policy watchers, the elimination of the automatic extension underscores a broader tightening of immigration-related procedures. During the pandemic era, the 540-day automatic extension helped shore up workforces by giving USCIS added time to resolve backlogs. Reversing that flexibility puts the onus back on applicants to anticipate adjudication timelines precisely. In a system where processing times can fluctuate due to staffing, surges in filings, or security checks, that precision may be hard to achieve. The risk then shifts to workers and employers, who must absorb uncertainty until an approval notice lands.

The Biden administration had maintained the extended automatic renewal window to stabilize the labor market amid COVID-19 fallout, but DHS now argues the costs to security and vetting outweigh those gains. In the words of the agency and its immigration service, the priority is

“appropriate vetting and screening … before an alien’s employment authorisation or documentation is extended.”
Edlow’s reminder that
“All aliens must remember that working in the United States is a privilege, not a right”
encapsulates that stance. Whether that approach delivers the intended fraud deterrence without inflicting broad workplace disruption will be tested as renewal filings made after October 30, 2025 begin to cycle through.

For families and employers trying to plan, the immediate message is simple. The automatic extension that once served as a backstop for Migrant Work Permits is ending for renewal applications filed on or after the effective date. Those who are eligible and able to file before the cutoff stand a better chance of maintaining uninterrupted authorization this cycle. Those filing after will depend entirely on how quickly USCIS can approve their applications. With only narrow exceptions—such as Temporary Protected Status or extensions granted by statute or Federal Register notice—the era of relying on an automatic extension to bridge the gap is drawing to a close.