Article Summary

The Department of Homeland Security (DHS) has ended automatic Employment Authorization Document (EAD) renewals for certain migrant groups, effective October 30. This change requires new vetting for each renewal, eliminating the provision that allowed continued employment while applications were pending. Immigration experts warn this will disproportionately affect Indian H-1B families and Optional Practical Training (OPT) students due to potential 7-10 month processing times, risking job losses and business disruption.

TNP AI: Key Insights

This policy reversal by DHS creates immediate job insecurity for thousands of H-4 EAD holders and OPT students, potentially forcing them out of employment during lengthy renewal processes. For employers, it introduces significant workforce planning challenges and risks losing skilled talent, as employees may become unauthorized to work for extended periods.

Previously, certain EAD categories allowed for automatic extensions, enabling individuals to continue working while their renewal application was pending and avoiding employment gaps. The elimination of this crucial safety net means that an individual whose EAD expires after October 30, and whose renewal application is still pending, will no longer be authorized to work until the new EAD is physically issued. Given typical USCIS processing times, this will result in periods of unemployment for many, directly impacting their livelihoods and careers.