US Ends Automatic EAD Extensions Amid H1-B Visa Fee Hike

Washington, Oct 30 (AP) — In a significant policy shift, the United States is ending the automatic extension of Employment Authorization Documents (EAD) for immigrants, just weeks after the fee for H1B visas was raised to $100,000. This change is expected to affect a substantial number of Indian immigrants and workers. The Department of Homeland Security made this announcement on Wednesday, priming efforts toward meticulous screening and vetting of foreigners before they can renew their employment authorizations or work permits.

Under the new regulation, individuals applying to renew their EAD on or after October 30, 2025, will not receive an automatic extension, as stated in a DHS news release. According to USCIS Director Joseph Edlow, this measure ensures that appropriate vetting and screening are performed before extending an individual's employment authorization or documentation. He emphasized that employment in the United States should be viewed as a privilege, not a right.

This new rule fosters more frequent scrutiny of foreigners seeking employment authorization in the U.S. The change will particularly affect spouses of certain H-1B principal nonimmigrants, spouses of L nonimmigrants, spouses of E nonimmigrants, and foreigners with Refugee or Asylee status. The DHS advises foreigners to "seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires." The interim final rule does not impact EADs automatically extended before October 30.

Previously, under the Biden administration, foreigners filing Form I-765 for EAD renewal were granted a 540-day automatic extension. Additionally, on September 19, US President Donald Trump signed a proclamation that ramped up the fee for H1-B visas to a staggering $100,000 annually.

The United States hosts approximately 4.8 million Indian Americans as of 2022, according to the US Census Bureau. Of this demographic, 66 percent of Indian Americans are immigrants, while 34 percent are U.S.-born.