The USCIS has rolled back a major immigration benefit by reducing the validity of Employment Authorization Documents (EADs), commonly known as work permits, from five years to 18 monthseffective for all applications filed on or after December 5. Announced under the administration of Donald Trump, the decision has triggered widespread concern among immigrants, especially Indians who form a large portion of US temporary and permanent visa holders.
Who Is Affected by the EAD Validity Cut?
The shortened validity applies primarily to vulnerable immigration categories, including refugees, asylum seekers, and individuals with pending applications for adjustment of status under the green card process (Form I-485). This last category is particularly significant for Indian professionals, many of whom wait years for permanent residency due to country-wise visa backlogs.
Other affected groups include those with pending removal cancellation, NACARA cases, and withholding of deportation. For these individuals, frequent renewals now become mandatory, increasing legal costs, document burden, and uncertainty.
Are H-1B Workers Impacted?
Directly speaking, H-1B visa holders are not affected by the rule change because their work authorization comes from their visa status itself — not from an EAD. As long as H-1B status remains valid, employment is fully authorised.
However, indirect impact is possible for H-1B holders who plan to transition to EAD-based work for greater job flexibility. Some professionals voluntarily drop H-1B status once they receive EADs through green card filing or H-4 eligibility. If their EAD-based status change is pending, the new 18-month limitation could create disruptions.
Who Else Uses EADs?
EADs are widely used by:
- F-1 students on OPT and STEM OPT
- H-4 spouses of H-1B workers
- J-2 spouses
- Green card applicants awaiting permanent residency
Among these, green card applicants face the biggest impactas shorter EAD validity means more frequent renewals during already lengthy immigration waits.
Why the Move Is Controversial
Earlier, five-year EADs reduced administrative load and offered long-term job security. The rollback creates fresh uncertainty for hundreds of thousands of workers, employers, and families. Frequent renewals also raise the risk of work gaps if approvals are delayed.
For Indian professionals already navigating visa caps, green card backlogs and employer dependency, the new rule adds another layer of instability.
What Immigrants Should Do Now
Applicants should prepare for:
- More frequent EAD renewals
- Possible employment interruptions
- Higher legal and filing costs
- Careful timing of job changes linked to EAD status
Legal guidance is now more crucial than ever for those planning H-1B to EAD transitions.
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