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US ends automatic EAD extensions for renewal: Here's how applicants will be affected
The Department of Homeland Security on Wednesday announced they were ending the practice of automatically extending employment authorization documents.
The Donald Trump government's latest move to end the practice of automatically extending employment authorization documents is being met with backlash online. The Department of Homeland Security (DHS), on Wednesday, announced that it was ending the practice where these documents were automatically extended. They clarified that this was for aliens who were filing applications in some employment authorization categories.
DHS announced that with this rule, they are prioritizing proper screening and vetting of aliens before extending validity of their employment authorizations. It comes amid the Trump administration's crackdown on illegal immigration and a sustained effort to ensure the American workforce is prioritized over foreign workers when it comes to jobs in the country.
With the new interim final rule (IFR) from the DHS, aliens who file to renew their EAD on or after October 30, 2025, will no longer get automatic extension of EAD. Some exceptions to this rule includes extensions granted by law or through a Federal Register notice for TPS-related employment documentation. The aim is to have stricter vetting processes, the DHS explained, noting that it'll help deter fraud and detect aliens with potentially harmful intent, so they can processed for removal from the US.
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USCIS director Joseph Edlow called the latest move “a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended.”
He added, “All aliens must remember that working in the United States is a privilege, not a right.” Notably, this does not impact EADs which were automatically extended before October 30.
Among the many categories affected by the rule H4 spouses and spouses of H-1B visa holders. Now, they must have new, unexpired documentation which shows continued work authorization. Earlier, receipt notices reportedly worked as evidence of automatically extended work authorization.
EAD rule change sparks massive backlash
The new EAD rule change has sparked massive backlash online. On Reddit, one person commented “if we're only able to file 180 days before it expires it almost definitely guarantees an employment gap.”
The DHS rule notes: “USCIS recommends aliens seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires.” However, many on Reddit claimed that the processing time is too long and a gap is unavoidable.
As per the USCIS site, the average processing time for the I-765 or Application for Employment Authorization, is around 1.9 months and the EAD is usually produced within two weeks of the form being approved. But, people on Reddit, slamming the new EAD rules, said “dumbest rule they have. Apply 180 days prior at earliest but we'll take 600 days to process it.”
Will H-1B and H4 holders be impacted by this?
Another person commented, “Not dumb if the plan is to actually chase people away using red tape.” EADs are needed by some categories of spouses of green card holders, who might be on H4 visas, some H-1B holders, and some F-1 students under OPT.
While H-1B holders are among people who could be impacted by this, the effect is likely to be felt more by H4 visa holders. Many online spoke about this.
“This, specifically hits H4 visa holders right on face! A small step forward to put Americans first but this gov could have scraped out the entire H4 EAD itself,” a person wrote, sharing the EAD rule change news. Another commented, “It’s a start. However, we should end especially H4 EAD completely. As in NOW.”
Yet another person said, “H4 EAD should be stopped, and H1 who stayed more than 6 years without Green card should be asked to Go.”
