US Ends Automatic Work Permit Renewals: How It Will Impact Indians?

The US government’s decision to end the automatic extension of Employment Authorisation Documents was announced on Wednesday. This change coming into effect on Oct. 30, poses a major disruption for Indian nationals.

Indian nationals account for a dominant 71% of all approved H-1B visa beneficiaries, the largest skilled foreign worker category. The critical change means that any bureaucratic delay in processing EAD renewals will immediately result in a lapse of legal work status, leading directly to mandatory unpaid leave or job loss for a portion of the Indian tech workforce.

Applicants seeking to renew their EADs after the effective date have been advised by USCIS to file requests up to 180 days before their current permits expire. This extended filing window is now crucial, as failure to receive the physical permit before the existing one expires will result in the immediate loss of work authorisation.

The rule will not impact permits already extended before Oct. 30. The Department of Homeland Security announced the new rule, asserting it is intended to strengthen background checks and screening before work permits are renewed.

USCIS Director Joseph Edlow stated, “This measure ensures proper screening and vetting before extending work authorisation. Working in the United States is a privilege, not a right.”

While the goal is to detect fraud and identify security risks, the practical effect is a significant risk to job continuity for Indian professionals and their families who rely on the seamless renewal process.

EADs allow non-citizens, including many H-4 dependents and applicants awaiting Green Card processing, to work legally. Previously, many categories received an automatic extension while their renewal application was pending. With this automatic extension now scrapped, except for cases covered by specific laws or Temporary Protected Status.

Any delay in the US Citizenship and Immigration Services processing will immediately result in a lapse of legal work status, leading to mandatory unpaid leave or job loss.

This threat is amplified by the sheer volume of Indian workers in the system. Of the H-1B petitions approved in the financial year 2024, 71% were for beneficiaries born in India.

The approved petitions for beneficiaries born in India and China combined represent 89% of continuing employment approvals. This demographic, which requires constant renewal to maintain their careers while they wait for permanent residency, is directly exposed to the new policy's friction points.