The United States Department of Homeland Security (DHS) has ended the automatic extension of certain Employment Authorisation Documents (EADs), effective October 30 (US time). The sudden change affects spouses of H-1B visa holders, F-1 international students on Optional Practical Training (OPT), and asylum seekers, groups that often depend on EADs to continue working while renewals are processed.

This is expected to have a major impact on Indian workers and students, as India accounts for the largest share of H-1B visa holders and international students in the US.

Under the Biden administration, eligible migrants could continue working legally even if their EAD had expired, as long as they had applied for a renewal on time. Now, applicants will no longer receive this automatic extension. Each renewal will require new vetting and background screening.

DHS said the change aims to “strengthen vetting procedures” and prevent fraud.

According to the DHS statement, “Ending automatic extensions of EADs results in more frequent vetting of aliens who apply for employment authorisation to work in the US.” It added that regular checks help “deter fraud and detect aliens with potentially harmful intent.”

Officials also reiterated that “working in the US is a privilege, not a right.”

Impact on students and H-1B spouses

The change may lead to employment gaps for F-1 students on OPT, a special work period that allows international students to gain job experience related to their field of study. Indian students, who form the largest international student group in the US, will be among the most affected. In 2024, Indian students made up 27% of all foreign students in the country, according to US data.

H-4 visa holders, many of whom are spouses of skilled Indian tech workers, may also temporarily lose the ability to work and contribute financially while waiting for renewals to be processed.

Meanwhile, the main H-1B visa holders, L-1 employees, O-1 visa holders, and green card holders are not affected, as they do not rely on EADs to work.

Official figures show that India accounted for 71% of all approved H-1B visas, while China accounted for around 12%. H-1B visas are usually issued for three to six years, making work authorization stability a key concern for families.

To avoid losing the legal ability to work, the US Citizenship and Immigration Services has advised applicants to file EAD renewals up to 180 days (six months) before expiration.

“The longer an alien waits to file an EAD renewal application, the more likely they are to experience a temporary lapse in employment authorisation,” the DHS statement noted.