The Donald Trump administration has come up with a new rule for migrant workers that will impact their stay and authorization to work in the country. This will end a Biden administration practice that allowed certain immigrants to keep working legally after their work permit expired as long as they had filed a renewal application on time. But from now on, there will be fresh screening and vetting of migrants before their employment authorizations are extended. USCIS director Joseph Edlow said his agency, under President Trump’s orders, is putting a new emphasis on the vetting of aliens, and his new policy delivers on that. “It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended,” he said. “All aliens must remember that working in the United States is a privilege, not a right.”
Who gets EAD? Who will be affected by the new rule?
Migrants and asylum seekers get an Employment Authorization Document, which allows them to work in the US. Green card holders, H-1B, L-1 or O-1 visa holders do not need this document. But certain categories of spouses (H4)of green card holders, H-1Bs may require the EAD. F-1 students under OPT may also require EAD. Pending asylum applicants also get an EAD “USCIS recommends aliens seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires. The longer an alien waits to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorization or documentation. The interim final rule does not affect EADs automatically extended before Oct. 30, 2025,” the DHS said, notifying the new rule.
Why dis DHS stop automatic 18-month extension
The new rule says: “Aliens who file to renew their EAD on or after Oct. 30, 2025, will no longer receive an automatic extension of their EAD. There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation.” The agency explained that ending automatic extensions of EADs results in more frequent vetting of aliens who apply for employment authorization to work in the United States. “Reviewing an alien’s background more often will enable US Citizenship and Immigration Services (USCIS) to deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States,” it said.
