Beginning October 30, 2025, the Department of Homeland Security Department of the United States of America began significant changes to the process for foreign nationals to apply for and renew work permits. Automatic extensions for Employment Authorization Documents (EADs) will no longer apply to most applicants. This shift requires changes to vetting and filing renewals early. This shift will impact H-1B visa spouses, F-1 students on the Optional Practical Training (OPT) work permits, asylum seekers, and other work permit dependent categories that need to work legally in the United States to stay in the country. The Border and Homeland Security changes impact all foreign U.S. work permit holders and need careful planning to avoid interruptions on work on a valid permit.
Changes Border and Homeland Security Made to the Application and Renewal Processes
Foreign workers who submitted renewals for their EADs in a timely manner for five years were able to work continuously and were granted extensions. Changes to the rules affecting permit holders mean that those who apply renewals on October 30, 202 Zone 2025, will have a waiting period without work authorization for a period of 30 days in order for their renewals to be fully processed. If work authorization is permitted for a renewals processed after the work permit period, the individual will be required to stop work until approval is fully granted.
2025 USA Work Permit Updates Compared to Previous Rules
| Aspect | Previous Rules | 2025 Updated Rules |
|---|---|---|
| Automatic Extension | Up to 540 days pending renewal | No automatic extension after Oct 30 |
| Renewal Filing Recommendation | No strict timeframe | At least 180 days before expiry |
| Biometric Verification | Optional | Mandatory |
| Asylum Work Permit Wait Time | 180 days | 150 days |
| Premium Processing | Not widely available | Available (30-day decision) |
| Eligibility Extensions | Limited for certain visas | Expanded for H-1B spouses, STEM OPT |
| Work Permit Requirement | Needed for many visa types | Same but with enhanced vetting |
To avoid lapses in employment authorization, DHS strongly recommends that foreign workers submit renewal applications no later than 180 days before their current ones expire. Even for those applications submitted on time, some applicants may still experience processing delays, which may cause temporary work stoppages. Green card holders and those in visa categories that do not require EADs, such as H-1B, L-1, and O-1, are excluded from this rule.
Revised Eligibility Criteria
The criteria for determining whether someone qualifies for an EAD remains mostly the same. It still includes immigrants and non-immigrants such as asylum seekers, visa holders, certain visa spouses, and people with Temporary Protected Status (TPS). The recent changes in regulations, though, require additional scrutiny to the vetting process in the name of enhancing national security. For instance, asylum seekers may apply for work authorization within 150 days of their application (before, they had to wait 180 days).
Furthermore, work permit eligibility has been extended to the spouses of H-1B and L-1 visa holders and the practical training periods for STEM students under the F-1 visa has also been extended. These changes signal efforts to find a balance between security and workforce needs.
Required Documentation and Forms
When applying for a new work permit or renewing an existing one, applicants ascertain Form I-765 and updated supporting documentation. This includes a legal passport, a copy of the visa, recent photos, proof of legal stay, and employment documentation which may include job offers and for students, proof of enrollment. As of 2025, biometric collection will be a necessary component of the work permit application process, primarily for the purposes of biometric verification.
USCIS will assign case numbers to designated classes of employment if the employer seeks premium processing.
Effects on Foreign Workers
The new rules have automated system-driven renewals eliminating the processing of renewals. This disproportionately and systemically impacts the Indian workforce, and this occurs with job loss fears. Renewal requests may be submitted up to six months before the expiration date. As a workplace best practice, the employer should prepare system-driven documentation before the six month expiration. Work permit renewals must be submitted with enough supporting documentation.
USCIS reiterates the burdens on the employer and foreign worker. The privileges of working in the U.S. come with complex and extensive USCIS processes. The “no-value added renewals” automated system shifts the work permit renewals burden to the foreign worker who must learn to navigate and streamline their work permit for the necessary adjustments.
