US ends automatic extension of work permits for migrant workers

The US Department of Homeland Security has ended the practice of automatically extending the Employment Authorisation Documents (EAD) of migrant workers. The move, announced by the Trump administration on Wednesday (October 30), is expected to impact foreign workers, especially Indians, who form a major chunk of immigrant workers in the US.

“The Department of Homeland Security has announced an interim final rule ending the practice of automatically extending employment authorisation documents for aliens filing renewal applications in certain employment authorisation categories. With this rule, DHS prioritises the proper screening and vetting of aliens before extending the validity of their employment authorisations,” stated a release by the Department of Homeland Security.

Limited exceptions

As per the new rules, those who file to renew their EAD on or after October 30, 2025, will no longer receive an automatic extension of their EAD.

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However, states the release, there are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation.

Justification by Trump administration

Justifying the move, the Department of Homeland Security states that frequently reviewing an “alien’s background” will enable U.S. Citizenship and Immigration Services (USCIS) to deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States.

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“USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritised aliens’ convenience ahead of Americans’ safety and security,” said USCIS Director Joseph Edlow.

“It’s a common-sense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorisation or documentation is extended. All aliens must remember that working in the United States is a privilege, not a right,” he added.

‘Seek renewal 180 days before EAD expires’

The release further states that the USCIS recommends aliens seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires.

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“The longer an alien waits to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorisation or documentation. The interim final rule does not affect EADs automatically extended before Oct. 30, 2025,” it added.