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In a major policy shift, the United States will end the automatic extension of employment authorization for certain immigrants starting Wednesday, October 30. The move, announced by the Biden administration earlier this week, has drawn concern and criticism from immigration attorneys, who argue that the decision was introduced without prior notice or a public comment period. What the change means for immigrant workers Until now, under a Biden-era rule, immigrants who had applied to renew their work permits before their expiry were allowed to continue working legally while their renewal was processed. This provision offered crucial job security to thousands of workers and helped employers avoid labour disruptions due to bureaucratic delays. From October 30 onwards, however, the automatic extension will no longer apply. Workers whose employment authorization documents (EADs) expire will need to wait for the U.S. Citizenship and Immigration Services (USCIS) to complete a fresh round of screening and vetting before their permits are renewed. According to the Department of Homeland Security (DHS), the change aims to “strengthen national security, prevent fraud, and ensure that only eligible individuals continue to hold valid work authorization.” Fresh vetting and possible delays Immigration lawyers warn that this could lead to significant processing delays and disruptions for both workers and employers. Many foreign professionals—particularly those on pending asylum cases, adjustment of status applications, or temporary protected status (TPS)—rely on EADs to stay employed while awaiting long-term immigration decisions. “This move essentially pauses employment for anyone whose renewal is still under review,” said immigration attorney Lisa Nguyen based in San Francisco. “It could force thousands of legally present workers into unemployment overnight, not because of their fault, but because of USCIS backlogs.” She added that the lack of an advance notice period or opportunity for public feedback made the rollout particularly difficult for both applicants and companies. The government’s rationale Officials from the administration maintain that the change is part of a broader effort to tighten vetting mechanisms and prevent misuse of immigration benefits. A DHS spokesperson said the revised policy will help detect “individuals who may pose security risks or who have provided fraudulent information in previous applications.” The government also cited internal reviews that found inconsistencies in automatic extension cases, arguing that a stricter process would bring “integrity and accountability” to the system. However, critics argue that the administration could have achieved those goals through enhanced data checks rather than removing automatic extensions entirely — a move they describe as “punitive and impractical.” Impact on the Indian and immigrant workforce A large number of Indian-origin professionals, particularly those on H-4 dependent visas and pending green card applications, are expected to be affected. Many of them work in technology, healthcare, and academic sectors that already face chronic staffing shortages. Employers may now need to plan for potential work interruptions, as even a minor delay in processing could force skilled employees to take unpaid leave or lose their positions. The U.S. Chamber of Commerce and several business associations have also raised concerns, urging the administration to introduce transitional measures or priority processing to mitigate disruptions. What lies ahead The USCIS has said it will monitor the impact of the change and may “adjust operational timelines” if the backlog grows significantly. Immigration advocates, meanwhile, are exploring legal options to challenge the policy, arguing that the abrupt implementation violates the Administrative Procedure Act (APA), which requires a notice-and-comment process for major regulatory changes. For now, migrant workers who file to renew their work permits on or after October 30, 2025, will no longer be eligible for automatic extensions and must wait for formal approval before continuing employment.
