US re-vetting for foreign workers returns: Impact on Indians decoded

USCIS scraps Biden-era rule allowing automatic EAD extensions, affecting H-4 spouses and adjustment applicants from October 30, 2025

The Trump administration has ended the automatic extension of employment authorisation documents (EADs) for foreign workers, reinstating the need for full re-vetting before renewal. The new rule, effective from October 30, 2025, will mainly affect H-4 spouses and Adjustment of Status (AOS) applicants.

 

The Department of Homeland Security said the decision restores “proper screening and vetting” before extending the validity of work permits. “The interim final rule does not affect EADs automatically extended before October 30,” the Department said in a statement.

 

Joseph Edlow, director of the US Citizenship and Immigration Services (USCIS), said the new approach reverses policies that had prioritised ease of access over national security. “It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorisation or documentation is extended. All aliens must remember that working in the US is a privilege, not a right,” said Edlow.

 

 

What has changed

 

"Under the Biden administration, a 2022 rule had allowed automatic extensions of up to 540 days for certain categories, without additional verification. That decision came amid a backlog of around 1.5 million pending work permit requests.

 

Now, applicants must wait for fresh approval before resuming work once their current EAD expires. Receipt notices will no longer serve as proof of work authorisation," according to US-based immigration law firm Murthy.

 

Key points to note:

 

• Rule effective from October 30, 2025

• Applies to renewals filed on or after this date

• No automatic extensions for pending renewals

• Receipt notices will not authorise work

• Renewals should be filed up to 180 days in advance

 

Who is affected

 

According to ion attorney Rahul Reddy of Reddy Neumann Brown PC, the new rule affects several categories of foreign nationals who previously benefited from automatic extensions:

 

• H-4 dependent spouses of H-1B visa holders

• I-485 Adjustment of Status applicants

• Refugees and asylum seekers

• Temporary Protected Status (TPS) holders (unless covered by specific Federal Register notices)

• VAWA self-petitioners

• Certain family unity and humanitarian categories

 

USCIS clarified that those who filed renewals before October 30 will continue to receive extensions under the previous rule.

 

Impact on employers

 

"Employers will have to ensure stricter compliance with Form I-9 verification requirements. They can no longer accept receipt notices as proof of valid work authorisation for renewals filed after the effective date.

 

If an employee’s EAD expires and the renewal is pending, they must stop working until a new card is issued. Failure to properly verify or reverify documents could result in civil penalties for employers," Murthy Law firm explained in a blog post.

 

What foreign workers should do

 

Foreign nationals with current EADs have been advised to apply for renewal well in advance. USCIS recommends filing up to 180 days before expiry to minimise work interruptions.

 

Processing times for renewals generally range from six to twelve months, depending on the category and workload.

 

"Applicants must file Form I-765 for EADs, which serve as proof of legal authorisation to work in the US. Validity usually ranges from one to two years, but some categories—such as STEM students or dependents of diplomats—may receive longer durations," Murthy Law suggests.

 

The move follows a series of restrictive immigration measures announced in recent months. Earlier in October, President Donald Trump signed a proclamation increasing the annual H-1B visa fee to $100,000.

 

According to the US Census Bureau, there were about 4.8 million Indian Americans in 2022, with nearly two-thirds being immigrants. The rule change is expected to affect a large share of Indian professionals and their families relying on dependent EADs for lawful employment.

 

Frequently asked questions

 

Who is affected by this rule?

The rule affects H-4 spouses of H-1B visa holders and Adjustment of Status (AOS) applicants who rely on USCIS-issued employment authorisation documents (EADs).

 

When does the rule take effect?

It applies from October 30, 2025.

 

What happens if my EAD expires after this date?

You must stop working until your renewal is approved and a new EAD is issued by USCIS.

 

Will receipt notices allow me to keep working?

No. Receipt notices will no longer count as valid work authorisation.

 

How long does USCIS take to process renewals?

It can take between six and twelve months, depending on the category and workload.

 

Can my employer let me continue during renewal?

No. Employment must stop once the EAD expires, unless a new valid card has been issued.

 

Are any categories exempt from this rule?

Yes. Certain categories, such as those protected by specific Federal Register notices or statutory exemptions, remain unaffected.

 

What if I filed my renewal before October 30, 2025?

You will still benefit from the previous policy of automatic 540-day extensions.

 

What should applicants do now?

File renewals up to 180 days before the EAD’s expiry to prevent job interruptions.

 

Does this apply to all EAD types?

No. The rule primarily affects H-4 spouses and AOS-based EAD holders.