US ends automatic extension of work permits for foreigners

In what could be a fresh setback for Indian professionals in the US, the Department of Homeland Security (DHS) on Wednesday announced that it will no longer automatically extend work permits for foreign nationals.

The move, announced through an interim final rule, is expected to impact thousands of Indian H-1B visa holders, H-4 dependent spouses, students on STEM OPT extensions and green card applicants whose renewal applications are pending.

“Aliens who file to renew their employment authorisation documents (EADs) on or after October 30, 2025, will no longer receive an automatic extension,” the DHS said. Exceptions will apply only to certain humanitarian cases such as Temporary Protected Status (TPS) holders. The decision, seen as part of President Donald Trump’s tougher immigration push, comes just weeks after he signed a proclamation imposing a USD 100,000 annual application fee for H-1B visas, triggering alarm among Indian tech professionals and companies that depend heavily on skilled Indian talent.

Officials said the new rule aims to allow more frequent vetting of foreign nationals seeking employment authorisation in the US. “Working in the United States is a privilege, not a right,” said US Citizenship and Immigration Services (USCIS) Director Joseph Edlow, adding that the change would help “detect fraud and identify aliens with potentially harmful intent”.

The rule effectively ends a long-standing provision that allowed individuals to continue working for up to 180 days after applying for renewal, even if their new permit had not yet been approved. With the automatic extension gone, any delay in processing could force thousands to take unpaid leave or lose their jobs, particularly in industries with large numbers of Indian employees such as technology, healthcare and finance.

Immigration experts said the impact would be most acutely felt by H-4 visa holders — primarily spouses of H-1B workers — who depend on the EADs to remain employed. Many Indian families in the US rely on dual income and any disruption could cause serious financial strain.

The USCIS has advised foreign workers to file renewal applications up to 180 days before expiry to avoid employment gaps. The rule will not affect the EADs that were automatically extended before October 30, 2025.

Meanwhile, the Trump administration is restricting the number of refugees it admits into the country to 7,500 for 2026, a dramatic decrease from last year’s ceiling set under the Biden administration of 1,25,000.