US Work Permit Changes Under Trump Could Leave Thousands of Indians Jobless

Thousands of Indian professionals and their families in the US face a significant challenge due to a new policy by the Department of Homeland Security (DHS). This change, effective Thursday, ends automatic extensions for Employment Authorisation Documents (EADs), crucial for non-US citizens to work legally. Previously, workers could continue their jobs for up to 540 days while awaiting renewal approval.

Indian nationals are expected to be among the most affected by this policy shift. They already experience some of the longest wait times in the US immigration system. The groups likely to feel the impact include H-1B visa holders waiting for green cards, H-4 visa spouses needing work permits, students on STEM OPT extensions, and employment-based green card applicants with pending status adjustments.

Reasons Behind the Change

The DHS explained that ending automatic EAD extensions allows for more frequent background checks and fraud detection. "Reviewing an alien's background more often will enable USCIS to deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the US," DHS said in a statement. The rule provides limited exceptions, including extensions mandated by law or through Federal Register notices for Temporary Protected Status (TPS) work documentation.

Immigration experts have pointed out that this change could lead to employment gaps for spouses reliant on EADs if processing times are delayed. David J Bier of the Cato Institute commented to US media, "Another rule imposed immediately without notice and public comment periods because it is somehow an emergency to stop people from working solely because of government ineptitude."

Impact on Indian Nationals

The DHS has advised applicants to submit renewal applications up to 180 days before their EAD expires. However, even early submissions may not guarantee timely processing. "This rule represents a major shift in how employment authorisation renewals are handled in the US," said Henry Lindpere, senior counsel for immigration law at Manifest Law.

Processing times at the US Citizenship and Immigration Services (USCIS) currently range from three to 12 months, depending on category and location. This means many could face forced breaks in employment if their renewals aren't approved before expiry. "Almost everyone will lose work authorisation if their renewal isn't approved before their current card expires," Lindpere added.

Exceptions and Exemptions

Temporary Protected Status (TPS) holders or other extensions specifically authorised by law or Federal Register notice are exceptions to this rule. The new regulation does not affect EADs automatically extended before October 30, 2025. Despite these exceptions, many Indians fear job disruptions and potential visa status violations due to processing delays.

DHS and USCIS defended this move as a "national security" measure. Joseph Edlow, USCIS Director, stated that working in the United States is a privilege, not a right. The agency emphasised prioritising proper screening and vetting of foreign workers before extending authorisation.

Growing Uncertainty

The decision follows several measures under the Trump administration tightening immigration pathways. Earlier this year, the H-1B visa fee was raised significantly, and Florida Governor Ron DeSantis ordered universities to stop hiring foreign nationals on H-1B visas. These moves aim to protect American jobs and ensure only highly skilled foreign workers enter the US labour market.

An immigration consultant based in New Jersey warned that this rule could lead to mass job disruptions among skilled Indian workers who have made the US their home. "Even one day of delay could cost them their legal ability to work," they said.

This policy adds another layer of uncertainty for hundreds of thousands of Indians forming the backbone of sectors like tech, healthcare, and research in the US. Many rely on interim work permits that must be renewed repeatedly while they await permanent residency amidst lengthy backlogs.

Concerns Raised by Experts

Immigration experts have expressed concerns that this change could create employment gaps for spouses reliant on EADs if processing times are delayed. David J Bier of the Cato Institute commented to US media, "Another rule imposed immediately without notice and public comment periods because it is somehow an emergency to stop people from working solely because of government ineptitude."

Emily Neumann, an immigration attorney, told reporters that if vetting were truly the concern, USCIS could review applicants' backgrounds at any time. "The agency's own inefficient processing times created the need for automatic extensions in the first place," Neumann said.

Guidance for Affected Migrants

USCIS emphasised that EADs automatically extended before October 30, 2025, will not be affected by the rule. Migrants are urged to submit renewals promptly to maintain uninterrupted work authorisation.

The new rule aims to enhance security measures but raises concerns about potential employment disruptions due to processing delays. It is crucial for affected individuals to stay informed about these changes and plan accordingly to ensure continuous employment authorisation.