DHS Automatic Extension: In a significant shift in immigration policy, the U.S. Department of Homeland Security (DHS) under President Donald Trump announced the elimination of automatic EAD (employment authorisation document) extensions.
The DHS action is expected to have a direct impact on thousands of skilled professionals and dependents from India who are currently working in the U.S. under H-1B, H-4, and L-2 visas.
Previously, a worker with a pending application to renew their EAD could continue to work for a period of 180 days after their EAD expired. Now that automatic extension is no longer allowed, thousands will be at risk of losing their jobs while they wait for processing of their applications — a process that often takes months due to the backlog of cases.
DHS States ‘Workforce Integrity’
The DHS justifies this new stance as part of their effort to “ensure workforce integrity” and “streamlining lawful employment.” The DHS has commented that the system previously was disrupted due to delays and abuse of the system, and that a reinstating of manual authorization would address oversight and integrity of the workforce.
However, immigration attorneys and technology companies have stated that this is “disruptive” and “short-sighted” and shows a “disproportional impact” on highly skilled foreign workers — and again, those workers are predominately from India in the technology and health industries.
Global Ripple Effects
For India, the move could lead to a reverse talent flow of skilled knowledge workers actively seeking professional opportunities in India’s emerging IT hubs. It may generate some short-term disruption, but some commentators think it could ultimately strengthen India’s innovation ecosystem by attracting high-skilled talent back home after gaining global exposure.
As Washington doubles down on its “America First” strategy, this latest development further exemplifies the growing uncertainty surrounding U.S. immigration policy — and its ripple effects on Indian workers abroad.
