No Auto Extensions: New USCIS Rule Jolts Visa Workers
Stricter US Vetting Ends Easy Work Permits for Aliens
Washington: The United States has announced a sweeping change that could ripple across major labour-supplying nations such as India and China, tightening work eligibility oversight for foreign nationals. The Department of Homeland Security (DHS) has issued an interim final rule that ends the automatic extension of Employment Authorisation Documents (EADs) for aliens filing renewal applications in specific categories. The move reflects Washington’s renewed emphasis on national security, fraud prevention, and public safety — priorities that may slow renewals for tens of thousands of visa holders from Asia’s largest economies who form a significant share of the U.S. foreign workforce.
Under the new rule, effective October 30, 2025, foreign nationals who file to renew their EADs will no longer receive automatic extensions while their applications are pending. There are limited exceptions, such as Temporary Protected Status (TPS)-related extensions granted under specific Federal Register notices. The change is intended to ensure that each applicant undergoes a comprehensive background screening and vetting before employment authorisation is renewed, effectively closing loopholes that previously allowed aliens to continue working without re-verification of their status or intent.
The DHS said the rule would result in “more frequent vetting” of foreign nationals, enabling the United States Citizenship and Immigration Services (USCIS) to identify individuals who may pose a security threat or have engaged in fraudulent activity. Those flagged can be processed for removal. “USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritised aliens’ convenience ahead of Americans’ safety and security,” said USCIS Director Joseph Edlow. He underscored that employment in the United States “is a privilege, not a right.”
The change could immediately affect Indian and Chinese nationals — the two largest groups of high-skilled foreign workers and students in the United States. Indians, who account for about 72 per cent of H-1B visa petitions, and Chinese nationals, who dominate advanced research and STEM categories, typically rely on continuous employment authorisation to maintain lawful status. The end of automatic extensions introduces a risk of employment lapses for those awaiting renewal decisions, potentially disrupting business operations, academic research, and family stability. Immigration attorneys in both New Delhi and Beijing caution that the new rule could “extend uncertainty periods,” especially as USCIS continues to battle significant case backlogs.
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USCIS has advised foreign nationals to submit EAD renewal applications up to 180 days before expiry to minimise risks of temporary unemployment or status gaps. The agency clarified that automatic extensions already granted before October 30 will remain valid. However, the new policy signals a broader shift toward reasserting immigration control through continuous vetting rather than procedural convenience — a hallmark of the Biden administration’s evolving approach to balancing openness with domestic security concerns.
The new rule also coincides with a wave of administrative modernisation across U.S. immigration operations. Earlier this week, USCIS began enforcing a separate policy mandating all immigration-related filing fees to be paid electronically via the Pay.gov system, ending paper cheques and money orders. As Global Bihari reported, the reform — authorised under Executive Order 14247, “Modernising Payments To and From America’s Bank Account” — aims to streamline processing and reduce fraud but has caused practical difficulties for Indian applicants and sponsors who lack access to U.S.-based financial instruments. This digital transition reflects America’s drive for domestic efficiency but also highlights the global friction it creates for applicants navigating an increasingly security-oriented system.
Analysts say the end of automatic EAD extensions and the digital payments mandate share a common thread: the prioritisation of systemic control, traceability, and accountability. While these measures are likely to strengthen DHS’s capacity to detect fraud and monitor compliance, they also introduce operational delays for genuine applicants. Experts warn that, in the near term, companies dependent on foreign professionals could face workforce disruptions if renewals are delayed or if payment verification issues lead to application rejections.
Despite these challenges, U.S. officials argue the changes are necessary to protect both the integrity of the immigration system and the nation’s labour market. By reinforcing the link between authorisation and active vetting, DHS seeks to ensure that only thoroughly screened individuals retain the privilege of working in the country. For Indian and Chinese workers, however, the message is clear: immigration convenience is giving way to immigration compliance — a recalibration that will test both administrative efficiency and global confidence in America’s labour pathways.
– global bihari bureau
