NRI PULSE STAFF REPORT
Washington, D.C., October 31, 2025: The U.S. Department of Homeland Security (DHS) has officially ended the automatic extension of employment authorization documents (EADs), a move that could temporarily sideline tens of thousands of legal immigrants from the workforce — including spouses of H-1B visa holders, asylum applicants, and those awaiting green cards.
The new interim final rule, effective October 30, eliminates the automatic 540-day work-authorization extension that previously allowed eligible non-citizens to continue working while their EAD renewal applications were being processed. Going forward, individuals whose EADs expire will no longer be authorized to work until their renewal is approved and the new card is issued by U.S. Citizenship and Immigration Services (USCIS).
According to DHS, the change is intended to “strengthen vetting and ensure integrity” in the employment authorization process. But immigration advocates warn it could lead to widespread work interruptions, especially for dependent visa holders.
H-4 spouses hit hardest
Among those most affected are spouses of H-1B visa holders — largely Indian professionals — who rely on H-4-based EADs (category C26) to work legally in the United States. Under the previous rule, they were allowed to continue working if they filed renewal applications before their current EAD expired. Now, they will have to stop working until their new cards arrive — a process that can take several months.
“The rule eliminates a vital safety net for skilled immigrant families who have played by the rules,” one immigration attorney noted. “Even short processing delays can now result in job loss or forced leave.”
Others likely to be affected
The end of automatic extensions does not stop with H-4 visa holders. Other categories that will lose the benefit include:
- Green card applicants with pending adjustment of status cases (category C09)
- Asylum seekers waiting for decisions on their cases (category C08)
- VAWA self-petitioners and their children (category C31/A31)
- Certain other dependent visa holders such as L-2 and E spouses, depending on individual circumstances
However, DHS clarified that some EADs — including those tied to Temporary Protected Status (TPS) and F-1 students on STEM OPT extensions — will continue to receive automatic extensions under separate legal provisions.
Growing uncertainty for immigrant workers
Estimates suggest that between 60,000 and 150,000 H-4 EAD holders, most of them Indian women, could face employment disruptions if renewal delays persist. As of 2024, the USCIS processing time for many EAD categories averaged three to six months.
Immigration advocates and tech-industry groups have expressed concern that the decision could undermine workforce stability. “This policy will disproportionately affect high-skilled immigrant families and U.S. employers that rely on them,” said a statement from the American Immigration Lawyers Association (AILA).
DHS defends decision
In its announcement, DHS said the change “aligns policy with statutory authority” and aims to improve document security and fraud prevention. The department added that USCIS is investing in faster digital processing to mitigate delays.
Still, critics say the new rule comes at a time when the U.S. is already grappling with labor shortages and bureaucratic backlogs. For families dependent on a single income or dual careers, even a short lapse in authorization could mean financial strain or career setbacks.
What affected workers should do
Attorneys advise eligible workers to file EAD renewals as early as possible — up to 180 days before expiration — and to maintain communication with employers about potential work gaps. Those at risk of losing authorization are encouraged to consult immigration counsel to explore alternative visa options.
The interim rule is currently in effect but remains open to public comment and possible legal challenge.
