A recent rule change by the Department of Homeland Security has left many visa-dependent professionals, particularly Indian women on H-4 EADs, facing uncertainty and potential job loss.
In a significant shift that has left many work-based visa holders in the United States anxious, the Department of Homeland Security (DHS) announced late last week the termination of automatic extensions for employment authorization documents (EADs). This change affects most noncitizens who must file timely renewal applications to maintain their employment status in the country.
Under the new rule, noncitizens seeking to renew their EADs will no longer receive an automatic extension of their employment authorization or EAD validity while their renewal applications are being processed by U.S. Citizenship and Immigration Services (USCIS). DHS claims that this policy aims to improve screening and vetting processes to reassess an individual’s eligibility before extending their work authorization. However, experts argue that the ruling poses significant financial risks to individuals and could adversely impact the U.S. economy.
Immigration attorney Emily Neumann expressed her concerns, stating, “If proper vetting was actually the issue, why has USCIS been waiting until people renew their EADs to complete a screening? USCIS can review an alien’s background at any point. This just harms the people who are actually following the law and are not a security threat.”
The abrupt implementation of this rule, with only a 24-hour notice, has already begun to affect individuals on the ground. Mani S., a software professional on an H-4 EAD, shared her distress: “Both my H-4 and EAD extensions are filed. I received the receipt in September, a month before this ruling came in. But I am confused; even though I applied for an extension before the ruling date, my EAD has already expired. Does this mean I cannot work? I have been trying to seek opinions from legal experts, and I am told that I need to wait to get a new EAD card before I can start working. This means that one fine day I woke up to joblessness.”
Statistics indicate that a significant number of H-4 EAD holders are Indian women, who are directly impacted by this ruling. While some may overlook the contributions of immigrants to the American economy, immigration consultant Netra Chavan emphasizes the vital roles H-4 EAD holders play. “H-4 EAD holders are often more than just contributors to the workforce; many are passionate professionals dedicated to making a real difference. They can be self-employed, creating jobs, or serve their local community, filling essential gaps in America’s job market, like special needs teachers. Very often, they also drive scientific discoveries, advance technology in IT, and serve in countless other vital roles. Losing their ability to work abruptly wouldn’t just affect their careers; it would challenge employers to find similar replacements.”
As a result of this swift rule change, thousands of H-4 EAD holders are now left scrambling for clarity regarding their next steps. For those who require extensions in the near future, the specter of forced unemployment looms large. Srija K., who works in the tech sector, expressed her confusion: “The rule left me wondering, as my EAD is valid until May 2026, but my I-94 is valid until a later date. Does that mean I stop working once my EAD expires or my I-94? I quickly booked an online consultation with an attorney, and I was told that I can only work until my EAD expiration date. This means I need to plan now, because I may lose my ability to work next year. I hope it’s temporary, but with increased paperwork for the employer too, the situation becomes very precarious. Will they be willing to hold the work until their employee navigates the changing rules?”
DHS implemented this interim final rule without prior notice, public comment, or a delayed effective date, citing urgent national security and public safety reasons. The agency stated that immediate implementation is necessary to enhance the vetting and screening of foreign nationals and that the rule relates to immigration policy affecting foreign affairs. Consequently, DHS waived the usual 30-day waiting period, making the rule effective immediately.
For H-4 EAD holders who need an extension, Chavan advises, “As per USCIS’s ‘Check Case Processing Times,’ currently, for H-4 applicants filing with an EAD, 80% of cases are completed within four months. This applies to both the Application to Extend/Change Nonimmigrant Status (Form I-539) at Service Center Operations (SCOPS) and to the Application for Employment Authorization (Form I-765) filed alone, indicating relatively swift processing for the majority of applicants.”
She adds, “If an H-4 applicant files their H-4 extension and/or EAD renewal up to 180 days before the current status or EAD expires, they are already taking the recommended steps to avoid any employment gaps. In that case, the new DHS rule ending automatic extensions starting October 30, 2025, should not directly affect them, because their work authorization will continue as long as USCIS adjudicates the timely-filed applications while maintaining valid underlying status.”
However, complications arise if USCIS processing times extend beyond the expiration of the EAD for H-4 holders, potentially leading to unintended employment gaps. Chavan notes, “In such cases, applicants may need to challenge the ended rule in court or seek administrative relief, presenting themselves as impacted parties to argue for reinstatement of automatic extensions or other remedies to protect their ability to work legally.”
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