The US Department of Homeland Security has eliminated automatic extensions of employment authorisation documents, a move that will force foreign workers — especially Indians who make up a large portion of the expat workforce — to stop working if their renewals are not approved before their current permits expire.
The interim final rule, published on Wednesday and coming into effect from Thursday, ends a practice that allowed workers to continue their jobs for up to 540 days while renewal applications were pending. Starting Thursday, anyone filing to renew their work permit will lose authorisation the day after their current document expires if the government has not yet approved the renewal.
The change is expected to significantly affect Indian professionals, including H-1B workers waiting years or decades for green cards, their H-4 spouses who depend on work permits, students on STEM work extensions, and other employment-based green card applicants who must repeatedly renew authorisations while in visa backlog.
“This rule represents a major shift in how employment authorisation renewals are handled in the US,” said Henry Lindpere, senior counsel, immigration law at Manifest Law. “The most common categories where Indians will see an impact include students on OPT applying for the STEM OPT extension, H-4 spouses of H-1B holders, and adjustment of status applicants.”
“Until now, most people could continue working while their renewal was pending. Starting tomorrow, almost everyone will lose work authorisation if their renewal isn’t approved before their current card expires,” Lindpere added.
Current USCIS processing times for work permit renewals range from three to 12 months depending on the category and location, according to agency data.
“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 in a statement. “All aliens must remember that working in the US is a privilege, not a right.”
The administration justified bypassing the normal public comment period for the new policy by citing national security concerns, including a June 2025 attack in Boulder, Colorado, by an asylum applicant whose work permit had been automatically extended for 540 days.
Indian nationals face some of the longest green card waiting times due to per-country caps. During these waits, applicants must repeatedly renew work permits to maintain employment.
USCIS said it recommends workers file renewal applications up to 180 days before their permits expire. “The longer an alien waits to file [a] renewal application, the more likely it is that they may experience a temporary lapse in their employment authorisation or documentation,” the agency said.
