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US ends automatic work permit renewal, toughens employment visa rules
Earlier, most people could continue working while their visa renewal was pending.
The Donald Trump administration has announced changes to the terms of work visa renewal, which are set to affect foreign workers, especially Indian professionals in the US.
As per the new Department of Homeland Security rule, foreign professionals will lose work authorisation if their visa renewal is not approved before the expiry date.
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The announcement changes the earlier rule, under which most foreign professionals were allowed to work even if their work permit expired as long as they submitted a visa renewal application. The new rule will come into effect on October 30.
"This IFR (Interim final rule) amends DHS regulations to end the practice of automatically extending the validity of employment authorization documents (Forms I-766 or EADs) for aliens who have timely filed an application to renew their EAD in certain employment authorization categories," a statement of the Department of Homeland Security said.
"The purpose of this change is to prioritize the proper vetting and screening of aliens before granting a new period of employment authorization and/or a new EAD," it added.
The new rule will affect those holding OPT (F-1 student visa), H4 spouses of H-1B holders, and those applying for permanent residency in the US.
The fresh curbs on work visas come after Trump declared that the US will start charging $100,000 for H-1B visas.
The administration justified bypassing the normal public comment period for the new policy by citing national security concerns, including a June 2025 attack in Boulder, Colorado, by an asylum applicant whose work permit had been automatically extended for 540 days.
Due to per-country caps, Indian nationals face some of the longest green card waiting times. During these waits, applicants must repeatedly renew work permits to maintain employment.
USCIS said it recommends workers file renewal applications up to 180 days before their permits expire.
“The longer an alien waits to file [a] renewal application, the more likely it is that they may experience a temporary lapse in their employment authorisation or documentation,” the agency said.
