The Trump administration has implemented a new rule for immigrant workers that could significantly impact their ability to work and stay in the United States. The U.S. Citizenship and Immigration Services (USCIS) has reduced the maximum duration of employment work permits from five years to 18 months.
Reduces work permit deadline: The New York Times, Washington. The Trump administration has implemented a new rule for immigrant workers, which will significantly impact their work and stay in the United States.
Work permits will only be granted for 18 months instead of five years.
This decision will no longer provide relief to immigrants who, under the Biden administration’s policy, could legally work even after their work permit or Employment Authorization Document (EAD) expired while their application remained pending.
Every work permit extension will now require new security checks and a vetting process. The U.S. Citizenship and Immigration Services (USCIS) has reduced the maximum duration of employment work permits from five years to 18 months.
Thousands of Indians and their families will be affected.
This will directly impact thousands of Indians and their families. This change could create new concerns for Indian applicants, who are already facing years-long waits for green cards.
Many Indians rely on long-term EAD and Advance Parole documents to maintain long-term employment. The Indian diaspora is the largest beneficiary of employment-based visas in the US.
Biden Extends Permit Validity Limit
USCIS stated that this change is necessary to strengthen security screening and detect potential risks in a timely manner.
USCIS Director Joseph Edlow stated that the previous administration allowed a foreigner into the country who attacked National Guard troops in the capital. This further highlights the need for USCIS to conduct more frequent vetting of foreigners.
Notably, the Biden administration extended the work permit validity from two years to five years in 2023. The purpose behind this was to reduce the burden on both USCIS and the public.
Who will be affected by the new policy?
Under the new policy, green card applicants, H-1B workers, refugees, and applicants with pending asylum cases will now receive work permits for only 18 months, instead of five years. This rule will take effect immediately and applies to both new and pending applications.
Kenji Kizuka, asylum policy director at the International Rescue Committee (IRC), said that it could take several months for migrants to receive work permit approval, increasing the risk of their work permits expiring or not being renewed.
This will make it more difficult for asylum seekers to support themselves and their families. Meanwhile, the One Big Beautiful Bill Act (HR1) limits the maximum work permit duration to one year for spouses of parolees, TPS (Temporary Protected Status) holders, pending TPS applicants, and entrepreneur parolees. This provision will take effect on July 22, 2025.
What the statistics say
- Work permits will now be available for 18 months instead of 5 years.
- The rules for 18-month work permits come into effect immediately.
- There will also be a 12-month work permit; this rule will be implemented from July 22, 2026.
- A $550 fee has been set for initial applications for work permits in the new categories.
- A $275 work permit renewal fee will apply.
- Work permit applications for 434,000 asylum seekers are pending.
- Work permit applications for 24,000 asylum seekers are pending.
- More than 12,000 refugee applications are also pending.
