In a move that could significantly impact thousands of Indian professionals working in the United States, the US Department of Homeland Security (DHS) has announced an end to the automatic extension of Employment Authorization Documents (EADs) for foreign workers who apply for renewal.
The new interim final rule, which comes into effect from Thursday, October 30, will require foreign workers to stop working if their EAD renewal is not approved before the expiration of their current permit.
Previously, workers were allowed to continue employment for up to 540 days while their renewal applications were pending. Now, under the new rule, employment authorization will expire immediately after the permit’s expiration date if the renewal is still under review.
The DHS clarified that exceptions will apply only in limited circumstances, such as extensions provided by law or through a Federal Register notice for Temporary Protected Status (TPS)-related documentation. The rule also specifies that EADs already extended before October 30, 2025, will remain valid.
Impact on Indian Professionals
Indian nationals make up a major portion of the foreign workforce in the US and are likely to be among the most affected. Many Indian professionals on H-1B visas, along with their H-4 dependent spouses who hold work permits, could face job interruptions due to delays in the processing of EAD renewals.
According to US Citizenship and Immigration Services (USCIS) data, the average processing time for such extensions currently ranges from three to twelve months. The agency has now advised applicants to file renewals at least 180 days before their permits expire to minimize employment gaps.
Students under STEM Optional Practical Training (OPT) and others relying on timely work authorization renewals will also be impacted.
Florida Governor Restricts University Hiring of Foreign Workers
Adding to the tightening of employment policies, Florida Governor Ron DeSantis has directed state universities to prioritize hiring US citizens over foreign nationals with work visas.
“Universities across the country are importing foreign workers on H-1B visas instead of hiring qualified Americans. We will not tolerate H-1B abuse in Florida institutions,” DeSantis said in a statement on Wednesday.
He urged universities to evaluate their academic programs if they are struggling to find suitable American candidates, suggesting that institutions should be capable of producing graduates qualified for these roles.
A statement from the governor’s office noted that while H-1B visas were designed for highly specialized positions, they are sometimes used for roles that could be filled by local professionals. The statement also highlighted that universities are exempt from federal H-1B caps, allowing them to hire foreign workers year-round.
What This Means for Foreign Workers
The combined effect of the DHS rule and Florida’s new hiring directive is expected to create fresh challenges for foreign professionals, especially those awaiting green cards or working in academia.
Legal experts advise affected individuals to plan ahead, track EAD expiration dates carefully, and file renewals as early as possible.
For now, the changes mark another shift in the United States’ ongoing review of its immigration and employment policies — a move that could reshape opportunities for skilled workers worldwide.
