Overview of the New Rule
It has stopped the automatic renewal of work permits that expire. The move is likely to impact a large number of non-resident Indians and foreign workers. The rule was introduced by the US Department of Homeland Security (DHS) as part of its stringent immigration measures.
Key Details from the Department of Homeland Security
The DHS says the priority now lies in verification and review of all applicants in detail prior to extending their EADs. Starting October 30, applicants who file for EAD extensions will no longer be given automatic renewals.
USCIS Director Joseph Edlow said the decision makes sure all documents of foreign workers are properly vetted before any extension. He added that working in the United States is a privilege and not a right.
Guidelines for Renewal Applications
The DHS urged petitioners to file their renewal requests before the expiration date of the current work permits by at least 180 days. According to the department, this new rule will increase the frequency of monitoring and inspections for applicants requesting renewals.
Impact on H1B Visa Holders’ Families
This will directly impact the spouses of H1B visa holders since it may delay their employment authorization. Under the Biden administration, applicants were allowed an automatic 540-day extension provided Form I-765 was timely filed. The new rule does away with that benefit.
Additional Immigration Restrictions
The US administration has taken several moves towards restricting job opportunities for foreign workers. The fee for H-1B visas was increased to $100,000 recently. This latest decision adds another kind of restriction, further tightening immigration laws.
