Business News

Trump Administration Ends Automatic Work Permit Extension for Foreign Nationals

In a major shift toward tighter immigration controls, the Trump administration has announced the end of automatic extensions for Employment Authorization Documents (EADs).

Indeed, a move that will significantly affect thousands of foreign nationals, including Kenyans working in the United States.

The policy change, implemented through an Interim Final Rule by the Department of Homeland Security (DHS), takes effect on October 30, 2025.

And it reverses a long-standing practice that allowed eligible applicants to continue working while their EAD renewal applications were being processed.

An image of the US President Donald Trump whose administration has ended  Automatic Work Permit Extensions for Foreign Nationals
The Trump administration has ended the automatic extension of US work permits (EADs) for Kenyans, H-4 spouses, and other foreign nationals. Learn what the policy change means for job continuity and legal status.

 

What the Policy Change Means

Under the new rule, foreign nationals must now stop working immediately once their current EAD expires.

Even if they have already filed a renewal application with the U.S. Citizenship and Immigration Services (USCIS).

Additionally, a receipt notice will no longer serve as temporary proof of work authorization.

The Previous Policy

Previously, the Biden administration had temporarily extended automatic EAD renewals for up to 540 days.

A measure introduced to protect workers and employers from disruptions caused by USCIS’s severe processing delays.

That rule provided a vital safety net, ensuring that foreign workers could maintain continuous employment while awaiting renewal approvals.

The New Reality

Starting October 30, 2025, this safety net disappears.

Renewal applicants will face mandatory employment breaks until new work permits are officially approved and issued by USCIS.

For many, this could mean months without income and potential job loss.

Who Will Be Most Affected

The new rule impacts several categories of foreign workers, but some groups face particularly harsh consequences:

Spouses of High-Skilled Workers (H-4 EAD Holders)

These are primarily spouses—many of them women—of H-1B visa holders.

They often experience long processing delays, meaning the new rule will almost certainly lead to forced employment gaps and job losses.

Green Card Applicants (Adjustment of Status Applicants)

Individuals awaiting permanent residency who rely on EADs to work during the process will now be exposed to the risk of sudden unemployment.

STEM OPT Students

Although not directly targeted by the rule, international students on STEM Optional Practical Training face narrow filing windows.

Therefore, it makes it difficult to avoid work interruptions if USCIS delays occur.

Kenyans and Other Foreign Nationals

Many Kenyans in the U.S.—whether spouses of visa holders, asylum applicants, or skilled professionals fall within affected categories.

The policy will disrupt livelihoods and create uncertainty for thousands of legally employed immigrants from countries such as Kenya and India.

Government Justification vs. Public Backlash

The Administration’s Rationale

According to DHS and USCIS Director Joseph Edlow, the rule aims to ensure “proper screening and vetting” before extending work authorization.

The administration frames it as a security measure to deter fraud and reinforce the principle that “working in the U.S. is a privilege, not a right.”

Critics’ Response

Immigration advocates and legal experts have denounced the decision as punitive and counterproductive.

Therefore, arguing that it penalizes legal immigrants for delays entirely beyond their control.

  • Job Losses: Thousands of legally employed workers could lose their jobs due to administrative backlogs rather than any fault of their own.
  • Economic Harm: The American Immigration Lawyers Association (AILA) warns that the rule will “damage American businesses, workers, and families,” calling it a policy that “fast-tracks pink slips” for essential employees.
  • Questionable Security Gains: Experts note that removing the automatic extension does little to improve national security but instead adds red tape for already vetted individuals.

What Workers and Employers Can Do

To adapt to the new policy environment, affected individuals and employers should take proactive measures to minimize employment disruptions:

  1. File Early: Submit EAD renewal applications (Form I-765) as early as possible—up to 180 days before the current permit expires.
  2. Track Processing Times: Regularly monitor USCIS timelines to anticipate and plan for potential work gaps.
  3. Consider Premium Processing: For eligible categories, paying for expedited processing (Form I-907) can help ensure faster adjudication and reduce the likelihood of work interruption.

The Bigger Picture

The end of automatic EAD extensions marks more than just a bureaucratic adjustment, but it also introduces uncertainty and hardship for countless foreign nationals who contribute to the U.S. economy.

For many, including members of the Kenyan diaspora, this policy change threatens financial stability and undermines years of professional progress.

As the October 2025 implementation date approaches, both workers and employers are bracing for a new era of stricter immigration compliance one that could reshape the U.S. labor landscape for years to come.

ALSO READ: Rironi–Mau Summit Road: Kenya’s New Highway of Hope

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