Indian students and professionals in the United States could soon face tougher immigration rules.
A new proposal from the US government may allow authorities to deny a work permit, known as an Employment Authorization Document (EAD), to applicants who have been arrested—even if they were never convicted.
The proposed rule has raised concerns among thousands of international students and workers, especially Indians, who rely on EADs to study, work, and build their careers in the US.
What Is the Proposed Rule?
According to immigration lawyers, the US government is considering a rule that would allow officials to reject an EAD application based on an applicant’s arrest record.
This means that even if someone was arrested for a minor issue, such as a traffic-related incident, or was later found not guilty, the arrest itself could still become a reason for denying a work permit.
The proposal is still under review and has not yet become law.
However, it has already created uncertainty among international students and workers.
Why Is This Important for Indian Students?
The US is home to more than 300,000 Indian students, along with a large number of Indian professionals.
Many of them depend on EADs to work legally while studying or after completing their education.
A change in the rules could affect their career plans and future employment opportunities.
Who Could Be Affected?
The proposed rule could impact several categories of visa holders.
Students who complete their degree in the US can usually work for 12 months under the Optional Practical Training (OPT) program.
Students in Science, Technology, Engineering, and Mathematics (STEM) fields can receive an additional 24-month extension under the STEM OPT program.
Both OPT and STEM OPT participants need an EAD to work legally.
Under the proposed rule, an arrest could lead to their EAD application being rejected.
The proposal may also affect H-4 visa holders, who are spouses of certain H-1B visa holders.
They also require an EAD to work in the US and could face similar challenges if the new rule is implemented.
Immigration Lawyers Raise Concerns
Immigration attorney Emily Newman has urged people to submit feedback before the proposal is finalized.
She pointed out that many individuals have arrest records without ever being convicted of a crime.
According to Newman, rejecting work permits based only on an arrest could unfairly affect people who were never found guilty.
The deadline for submitting public feedback on the proposed regulation is August 4.
Marco Rubio Example Cited
Immigration attorney Rahul Reddy also highlighted an example involving US Secretary of State Marco Rubio.
According to Reddy, Rubio was reportedly arrested at the age of 18 for drinking beer in a park.
Years later, during an election campaign, Rubio said he was never detained and did not need to hire a lawyer.
The example has been cited to show how an arrest record does not always result in a criminal conviction, which is one of the reasons critics are questioning the proposed rule.
Final Take
The proposed US immigration rule could make it harder for international students and workers to obtain an Employment Authorization Document if they have ever been arrested, even without a conviction.
While the proposal is still under consideration, it has sparked concern among Indian students and professionals who depend on EADs to work legally in the United States.
The final decision will come after the public consultation process concludes.
