Policy Storm Escalates: EAD Auto-Extension Cancellation and the Changing U.S. Immigration Landscape — Why Status Planning Must Embrace "Long-Termism"

"I used to think that winning the H-1B lottery meant I could work with peace of mind. I never expected that even routine renewals would now be treated as brand-new applications subject to 'review from scratch.'"

On October 14, the U.S. Department of Homeland Security (DHS) dropped another bombshell: it plans to rescind the "prior approval deference" principle for work visas.

Simply put, in the past, H-1B renewals were quickly approved as long as the position remained unchanged; now, immigration authorities will re-examine you from head to toe, and the risk of Requests for Evidence (RFEs) and denials is skyrocketing!

From student visas to work visas, the path for nonimmigrants to stay in the U.S. is being blocked across the board. Does the traditional route of simply "working hard" really still work?

Timeline of Policy Evolution: Ever-Accumulating Shackles on Nonimmigrant Stays in the U.S.

Stringing together the recently introduced and proposed policy changes, you will find that U.S. regulation of nonimmigrant statuses (F-1/OPT/H-1B, etc.) presents a brutal posture of "full-process, high-frequency, comprehensive strict review."

August 24 | Sky-High H-1B Application Fees and Raised Thresholds (Not Yet in Effect; Public Comment Period Completed, Awaiting Final Rule Publication)

●Developments: DHS plans to impose an additional $103,000 application fee on newly selected H-1B petitioners. Combined with wage-weighted reforms, the difficulty of obtaining visas for new graduates in entry-level positions has sharply increased.

September 11 | Plan to Completely Eliminate the H-1B 60-Day Unemployment Grace Period (Not Yet in Effect; Proposal Stage)

●Developments: DHS proposes to eliminate the unemployment grace period, meaning "layoff equals immediate loss of status," with virtually no buffer time for finding a job and changing status.

October 7 | Plan to Impose High Fees on OPT Recommendations (Not Yet in Effect; Public Comment Period)

●Developments: DHS proposes to charge schools high OPT recommendation fees ($70,000 for the first time, $30,000 for each subsequent time). Internship costs are highly likely to be passed on to international students, increasing the threshold and obstacles for internships.

October 8 | PERM Applications at Leading Big Tech Companies Forcibly Suspended (Already in Effect)

●Developments: The Department of Labor (DOL) suspended PERM processing for 8 major companies including Microsoft and Adobe, shattering the dream of relying on "big-tech employer sponsorship for green cards."

October 13 | EAD Work Cards Lose 540-Day Automatic Extension (Already in Effect)

●Developments: DHS officially published a final rule canceling automatic extension policies for certain EADs. For EAD work cards submitted after October 30, 2025, "expiration means termination," with no automatic continuation, and work card continuity faces the risk of gaps.

October 14 | Plan to Rescind the "Prior Approval Deference" Principle for I-129 (Not Yet in Effect; Proposal Stage)

●Developments: DHS is proposing a new rule in the Federal Register to delete the "prior approval deference" provision. This affects approximately 75% of the renewal applicant population for H-1B, L-1, O-1, etc.! Previously, renewals were "defaulted to prior qualification, with routine checks"; in the future, even if the employer and position remain completely unchanged, immigration authorities will re-review from scratch, and RFE (Request for Evidence) and denial rates are expected to rise significantly, with processing times extended by several months.

Why Can't "Working Hard" Buy "Status Security"?

Stringing these policy changes together, you will discover a brutal truth:

The old logic was: F1 study ➔ OPT internship ➔ Win H-1B lottery ➔ Work steadily ➔ Smooth renewal ➔ Employer files PERM ➔ Obtain green card.

The current reality is: Obtaining OPT internships and H-1B lottery selection requires sky-high application fees; unemployment has no buffer period; PERM can be suspended at any time; work card renewals may be interrupted; and even after finally enduring to work card renewal, you still face the denial risk of "re-review from scratch"!

Betting your entire future solely on "nonimmigrant visas" and "employer sponsorship" is like building a castle on sand. Working hard simply cannot buy status security. Rather than "passively depending on employers," it is better to "proactively take control of your status."

From "Depending on Employers" to "Independently Securing Status"

It is precisely based on the demand to hedge against the extremely high uncertainty of the traditional path that more and more families with members studying in the U.S. are turning to alternative solutions that can achieve status independence:

Among numerous options, the EB-5 new law's reserved quotas (rural/high-unemployment projects) and in-country "Concurrent Filing" have become extremely direct hedging channels at present:

1. Concurrent Filing Breakthrough: As long as you hold valid status in the U.S. (F-1/OPT/H-1B), you can simultaneously submit I-485 adjustment of status while filing the immigration petition (I-526E).

2. Decoupling Work from Status in Advance: After submission, you can quickly obtain a Combo Card (EAD work card + AP re-entry permit). With it, there is no need to depend on the H-1B lottery or frequent renewals. Even if facing layoffs or company changes, it will not trigger the risk of status invalidation.

With Ever-Changing Policies, Why Must Identity Planning Choose a "Long-Termist" Professional Agency?

However, from submitting the application, obtaining the Combo Card, obtaining the conditional green card, to ultimately obtaining the permanent green card and exiting the capital, EB-5 is a project spanning several years.

Faced with frequently changing immigration regulations (such as the recent cancellation of the EAD 540-day extension and the rescission of renewal deference and other sudden policy changes), one-time services simply cannot cope with the policy fluctuations over the coming years. Only a professional agency practicing "long-termism" can provide escort throughout the entire process.

With Ever-Changing Policies, What Can Globevisa Do for You?

●In-Depth Interpretation and Advance Warnings: Closely following the latest regulations from U.S. Citizenship and Immigration Services and the Department of Homeland Security, promptly alerting you to key time nodes, and precisely avoiding issues such as status gaps caused by policy timing.

●Strict Risk Control and Compliance Management: Rigorously selecting projects that are safe for both green cards and capital, while providing professional and refined organization of capital sources.

●Long-Term Accompaniment and Full-Cycle Response: Not only focusing on filing cases, but relying on 50+ directly operated institutions worldwide and professional teams based in both China and the U.S. to provide seamless long-term companionship throughout the subsequent years of status continuity, Combo Card renewal, and conditional-to-permanent green card processing.

Policies continue to change, and long-term planning for staying in the U.S. should be launched as early as possible. Only by choosing the right path and reliable professional partners in a changing landscape can you truly hold the initiative over your status in your own hands.