How Will the US's Reduction of Work Permit Duration Affect Indian Workers?
Synopsis
Key Takeaways
- The maximum validity of Employment Authorization Documents for certain categories will now be 18 months.
- These changes are primarily aimed at enhancing security vetting processes.
- Many Indian professionals will face uncertainty due to reduced work permit durations.
- New statutory fees will be implemented for work permit applications.
- The changes will affect green card applicants and H-1B workers significantly.
Washington, December 5 (NationPress) — In a significant development for numerous Indian professionals and their families navigating the complexities of the US immigration framework, the US Citizenship and Immigration Services (USCIS) has enacted considerable reductions in the maximum validity of Employment Authorization Documents (EADs). The agency asserts that this change is essential to bolster security assessments and identify potential risks among individuals working within the United States.
According to USCIS, the new policy will facilitate “more frequent evaluations of non-citizens applying for work permits in the US,” allowing the agency to “combat fraud and identify non-citizens with potentially dangerous intentions for removal proceedings.”
Director Joseph Edlow linked this decision to public safety issues, stating, “By shortening the maximum duration of employment authorization, we can ensure that individuals seeking to work in the US do not pose a threat to public safety or advance harmful ideologies.”
He referenced a recent incident involving National Guard service members in Washington, emphasizing that, “In light of the attack on these service members by an individual previously admitted to the country under the prior administration, it is now clearer than ever that USCIS must enhance its vetting processes.”
The alterations will have a direct impact on several categories commonly utilized by Indian nationals, such as employment-based green card seekers and H-1B workers with pending status adjustments. Under the revised guidelines, EADs granted to refugees, asylees, individuals granted withholding of removal, applicants with ongoing asylum or withholding claims, and those pursuing adjustment under INA 245 will now be valid for 18 months instead of five years.
The Policy Alert declares that this rule will apply to all applications “pending or submitted on or after December 5, 2025.”
Further restrictions outlined by the One Big Beautiful Bill Act (H.R. 1) impose even stricter limits on individuals paroled into the US, those with Temporary Protected Status (TPS), and spouses of entrepreneur parolees. Their work permits will be limited to one year or until the end of the underlying parole or TPS period, whichever is shorter. These rules will apply to all Forms I-765 “pending or filed on or after July 22, 2025.”
The Federal Register notice detailing these modifications also introduces new statutory fees — $550 for certain initial applications and $275 for renewals — which USCIS cannot waive under H.R. 1. The majority of the funds will go to the US Treasury, while a smaller portion will support USCIS operations.
For Indian applicants affected by longstanding green card backlogs, these changes could lead to increased uncertainty. Many rely on extended-duration EADs and Advance Parole documents to maintain employment during their prolonged waits for permanent residency.
Immigration attorney Emily Neumann cautioned that the decreased validity periods will heighten pressure on processing systems. “Employment-based I-485 applicants will now receive EADs valid for only 18 months instead of 5 years, effective December 5, 2025,” she noted.
“This is likely to apply similarly to Advance Paroles. It wouldn’t be as concerning if renewals were processed promptly. Unfortunately, this just results in more filings, exacerbating the backlog, which leads to extended processing times. Coupled with the removal of automatic EAD renewals for pending applications, this could force many to halt work unnecessarily.”
USCIS mentioned that these adjustments are crucial for “improving its screening and vetting capabilities, enabling the identification of non-citizens with potentially harmful intentions, deterring fraud, and initiating removal proceedings against removable aliens,” while also stating that the update “rescinds certain components of USCIS’ guidance from September 27, 2023” to promote more regular reviews.
The Indian diaspora, recognized as one of the largest groups benefiting from employment-based visas, is anticipated to be among the most impacted communities. Many depend on continuous work authorization to sustain their roles in sectors like technology, healthcare, academia, and research while waiting for green card availability, a process impeded by per-country limits.
USCIS backlogs have escalated in recent years, driven by surges in asylum, parole, TPS, and adjustment of status applications. The latest changes are expected to add further volume to the system, even as the agency strives to modernize its processing capabilities.
The new restrictions will take effect on December 5 for the 18-month categories and July 22 for the one-year documents mandated by H.R. 1, encompassing both pending and newly submitted work permit applications.