US slashes work-permit validity: Thousands of Indian workers hit by new vetting rules

Washington: In a major shift that will impact hundreds of thousands of Indian professionals and families in the US immigration system, the US Citizenship and Immigration Services (USCIS) has announced sweeping reductions to the maximum validity of Employment Authorisation Documents (EADs).

wThe agency said the change is aimed at strengthening security vetting and improving its ability to identify potential risks among foreign nationals working in the country.

USCIS said the revised policy will “result in more frequent vetting of aliens who apply for authorisation to work in the United States,” allowing the agency to “deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States.”

Linking the move to national-security concerns, Director Joseph Edlow said: “Reducing the maximum validity period for employment authorisation will ensure that those seeking to work in the United States do not threaten public safety or promote harmful anti-American ideologies.”

Citing a recent incident involving service members in Washington, he added: “After the attack on National Guard service members in our nation’s capital by an alien who was admitted into this country by the previous administration, it’s even clearer that USCIS must conduct frequent vetting of aliens.”

Shorter validity for green card and asylum-linked EADs

The changes directly affect several categories widely used by Indian nationals, including employment-based green card applicants and H-1B workers with pending adjustment-of-status cases. Under the updated guidance, EADs issued to refugees, asylees, individuals granted withholding of removal, applicants with pending asylum or withholding claims, and those applying for adjustment under INA 245 will now be valid for 18 months, down from five years.

According to the USCIS Policy Alert, the new rule applies to all applications “pending or filed on or after December 5, 2025.”

Stricter limits under H.R. 1

Additional restrictions mandated by the One Big Beautiful Bill Act (H.R. 1) impose even tighter validity caps on work permits for those paroled into the US, individuals granted Temporary Protected Status (TPS), those with pending TPS applications, and spouses of entrepreneur parolees. Their work authorisation will be limited to one year or the end of the parole/TPS period, whichever is shorter.

These rules cover all Forms I-765 “pending or filed on or after July 22, 2025.”

The Federal Register notice accompanying the changes also introduces new statutory fees, $550 for specific initial applications and $275 for renewals, which USCIS cannot waive under H.R. 1. Most of the collected fees will go to the US Treasury, with the agency retaining only a portion for operations.

Concerns for long-waiting Indian applicants

For many Indian workers stuck in multi-decade green card backlogs, the change adds fresh uncertainty. Large numbers depend on long-duration EAD and Advance Parole documents to stay employed while waiting for permanent residency.

Immigration attorney Emily Neumann warned that the shorter validity periods could worsen processing delays. “Employment-based I-485 applicants will now see EADs issued for 18 months instead of 5 years, effective December 5, 2025,” she said.

“This likely means the same for Advance Paroles. It would not be a big deal if renewals were processed timely. Unfortunately, it just creates more filings, which increases the backlog of cases, which increases processing times. This, coupled with the elimination of the automatic EAD renewal for pending applications, will just cause people to have to stop work for no good reason.”

More filings, higher pressure on USCIS

The agency defended the policy overhaul as necessary to “enhance its screening and vetting efforts, enable detection of aliens with potentially harmful intent, deter fraud, and place removable aliens into proceedings,” noting that the update “rescinds aspects of USCIS’ guidance of September 27, 2023” to ensure more frequent reviews.

The Indian diaspora, one of the largest beneficiaries of employment-based visas, is expected to be among the most affected communities, particularly those working in technology, healthcare, academia, and research.

USCIS backlogs have grown sharply in recent years amid surging applications for asylum, parole, TPS, and adjustment of status. The latest restrictions are expected to add further pressure on the system, even as the agency continues efforts to modernise processing.

The new limits take effect December 5 for the 18-month categories and July 22 for the H.R. 1-mandated one-year documents, applying to both pending and newly filed work-permit applications.IANS