The Donald Trump administration has announced a massive validity cut for Employment Authorization Documents, commonly known as work permits, starting from December 5. Instead of five years, from now on, the maximum validity of work permits will be 18 months. This applies to both new and renewal of EADs filed on or after December 5. But this has led to major confusion among immigrants as to whether H-1Bs are affected by it. H-1Bs do not need work permit to work in the US and their employment authorization comes from their H-1B status. But indirectly, it may affect some H-1Bs. In fact, the new validity does not impact all EADs either.
Who are to be affected by work permit validity reduction?
The USCIS has mentioned that the maximum validity period for initial and renewal EADs will be changed from 5 years back to 18 months for:
- Aliens admitted as refugees
- Aliens granted asylum
- Aliens granted withholding of deportation or removal
- Aliens with pending applications for asylum or withholding of removal
- Aliens with pending applications for adjustment of status under INA 245
- Aliens with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act.
The 5th category may include a lot of Indians.
H-1Bs are not affected unless…
H-1B visa holders in the US are not affected by the work permit validity reduction unless they are planning to shift from H-1B to using an EAD for more job flexibility. Sometimes people drop H-1B, as a work permit gives immediate jobs. They will be affected only if their status change is pending. The change of validity is mostly for asylum seekers, refugees and won’t other immigrants.
Who gets EAD in the US?
Green-card applicants using the adjustment-of-status will be affected
People applying for a green card inside the US using Form I-485 will now receive work permits valid up to 18 months. This may include H-1B workers with pending green card, their spouses, any non-immigrant transitioning to permanent residency,
