US Alters Work-Permit Rules, Affecting H-1B Holders’ Students and Spouses

The U.S. Department of Homeland Security (DHS) has made a significant change to employment authorization rules that affects H-1B visa holders, their spouses, and certain students. This abrupt decision, effective October 30, 2025, ends the automatic extension of Employment Authorization Documents (EADs).

New Regulations Impact H-1B Visa Holders and F-1 Students

This regulatory shift directly impacts H-4 visa holders, who are often spouses of H-1B workers, as well as F-1 students participating in Optional Practical Training (OPT). The move is anticipated to disrupt the employment landscape for many foreign nationals as their EAD renewals will now require additional vetting and screening.

• H-4 visa holders may face interruptions in their ability to work.
• F-1 students on OPT, primarily from India, might encounter delays in securing post-graduation employment.

Statistics on International Students

Indian nationals constitute a large portion of these groups. As of 2024, they represent 27% of all international students in the U.S., amounting to 422,335 individuals actively enrolled.

Reasons Behind the Change

The DHS claims this modification is designed to enhance security measures and mitigate fraud. This decision comes after a period where timely renewals allowed individuals to continue working legally despite their EAD expiration.

• The previous policy allowed automatic extensions for timely renewal applications.
• Now, all applicants will undergo new screening processes for their EAD renewals.

Current Visa Statistics

According to the latest data, India accounts for 71% of H-1B visa recipients, while China holds 11.7%. H-1B visas are typically valid for three to six years, allowing skilled workers to support their families in the U.S.

Advice from DHS

The DHS advises individuals to file their EAD renewal applications as early as 180 days before expiry to minimize the risk of employment gaps. Officials emphasized that working in the U.S. is a privilege, urging compliance with renewal procedures.

Final Notes

In summary, these updated work-permit regulations will greatly impact H-1B visa holders and F-1 students on OPT. Those affected should be prepared for the new requirements starting on October 30, 2025.