Article Summary

The U.S. Department of Homeland Security has ended the automatic extension of Employment Authorization Documents (EADs) for foreign workers awaiting renewal, effective October 30, meaning individuals will lose work authorization if renewals are not approved before expiration. Concurrently, Florida Governor Ron DeSantis has ordered state universities to prioritize hiring American citizens over foreign workers on H-1B visas, citing concerns about 'H-1B abuse.' These changes are expected to significantly impact Indian H-1B and H-4 visa holders, as well as STEM OPT students, who often face lengthy USCIS processing times.

TNP AI: Key Insights

The cessation of automatic EAD extensions introduces a critical risk of employment gaps for H-1B, H-4, and STEM OPT workers, necessitating proactive renewal applications. For employers, this mandates rigorous workforce planning to mitigate potential disruptions.

Previously, foreign workers benefiting from certain visa categories could continue employment for up to 540 days while their EAD renewal applications were pending. This interim final rule eliminates that provision, requiring explicit approval for continued work.

For individuals, the change creates significant uncertainty and potential job loss if USCIS processing times exceed the remaining validity of their current EADs. For educational institutions in Florida, Governor DeSantis's directive could restrict their ability to recruit specialized international talent, potentially impacting research and academic programs, despite universities typically being exempt from H-1B cap limitations.

The interim final rule becomes effective on October 30, and USCIS now recommends filing EAD renewal applications 180 days prior to expiration to avoid employment authorization lapses.