Fresh Shock for US Immigrants: Trump Changes Work Permit Rules

In an overnight policy shift on October 30, the Department of Homeland Security (DHS) in the United States of America ended the automatic extension of certain Employment Authorisation Documents (EADs), tightening work-permit rules for thousands of non-immigrant workers.

Under the rule implemented by former US President Joe Biden, certain categories of applicants, including spouses of H-1B visa holders (H-4 visa), F-1 students engaged in Optional Practical Training (OPT), and some asylum-seekers, could continue working after filing for EAD renewal thanks to automatic extension.

From now on, any individual in those categories who files an EAD renewal must wait for fresh vetting and approval before their work authorisation is renewed. This means that no more automatic coverage will be extended to migrants during the renewal period.

The fresh changes in US visa rules is set to impact Indian nationals who account for the largest share (approximately 71 %) of approved H-1B visa recipients.

Indian students comprised 27 % of all foreign students enrolled in U.S. institutions in 2024, many of whom rely on OPT for career-launching jobs.

Consequently, both H-1B spouse holders and F-1 students (primarily from India) are among the most exposed groups.

Justifying the policy change, which will come into effect from October 30 US time, the DHS stated that it will allow for “more frequent vetting of aliens who apply for employment authorisation” and help “detect aliens with potentially harmful intent.” The agency reiterated that “working in the US is a privilege, not a right.”

Issuing an advisory, the DHS informed migrants that they must file EAD renewal up to 180 days before expiry, and any delay increases the risk of a “temporary lapse in employment authorisation or documentation.”

What this means for applicants

The policy shift was introduced without prior notice or public comment, surprising many applicants and renewal-processors alike. F-1 students on OPT now face potential gaps in work eligibility if their renewal applications lag while undergoing vetting. H-4 visa holders, who often rely on EADs to financially contribute to families or households, may see job losses or forced career pauses.