WASHINGTON D.C. – On Tuesday, November 4, 2025 (EAT), the Trump administration confirmed a significant policy shift that immediately affects thousands of Kenyan workers in the United States. The Department of Homeland Security (DHS) has eliminated the long-standing practice of automatically extending Employment Authorization Documents (EADs) for foreign nationals awaiting renewal, a move that creates profound uncertainty for the Kenyan diaspora.

The interim final rule, which took effect last Thursday, October 30, 2025, scraps a crucial provision that allowed workers to remain employed for up to 540 days past their EAD's expiration if they had filed for renewal in a timely manner. This grace period was established to counteract significant backlogs at U.S. Citizenship and Immigration Services (USCIS), ensuring workers did not lose their legal ability to work due to administrative delays.

In a statement released on October 29, 2025, USCIS Director Joseph Edlow said the change is intended to prioritize national security by ensuring every applicant undergoes complete vetting before an extension is granted. "USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritized aliens' convenience ahead of Americans' safety and security," the statement read.

Impact on the Kenyan Diaspora

The policy reversal is expected to have a severe impact on the estimated 159,000 Kenyans living in the United States, many of whom rely on EADs to work legally. These work permits are essential for various visa holders, including the spouses of H-1B specialty occupation workers, asylum applicants, and those adjusting their status to permanent residency—categories that include many Kenyan professionals and their families.

With current USCIS processing times for EAD renewals (Form I-765) often ranging from four to seven months, the elimination of the automatic extension creates a high probability of employment gaps. Workers must now stop working immediately once their current EAD expires, even if their renewal application has been pending for months. This could lead to widespread job losses, financial instability for families, and disruption for U.S. employers who rely on this workforce.

The financial consequences extend directly to Kenya's economy. The Kenyan diaspora is a primary source of foreign exchange, with remittances projected to exceed KSh 650 billion in 2025. The United States is the largest source of these funds, accounting for over half of all remittances. Widespread job loss among Kenyans in the US could significantly reduce these vital inflows, which support households, fund education, and drive investment back home.

A System Under Pressure

Immigration advocacy groups have sharply criticized the move. The American Immigration Lawyers Association (AILA) condemned the rule, stating it "fast tracks pink slips as employers will have no choice but to fire needed workers." AILA President Jeff Joseph noted that the automatic extension was a "failsafe which protected employers and workers from government inefficiencies," highlighting that the processing delays are a result of USCIS being underfunded and understaffed.

The previous 540-day extension was implemented to manage a growing backlog of cases. Data from USCIS has shown that a significant percentage of work permit applications take longer than 180 days to process, which is the earliest a renewal application can be filed. Without the extension, thousands of immigrants who have followed all legal procedures may be forced out of their jobs through no fault of their own.

The rule does not apply retroactively to renewal applications filed before October 30, 2025. However, for the many Kenyans whose work permits are due for renewal in the coming months, the policy introduces a period of acute vulnerability. They and their employers now face the challenge of navigating a system where administrative delays can directly result in a loss of livelihood.