US ends automatic work permit extensions, impacting H-1B spouses

The US has ended the 540-day automatic extension of Employment Authorization Documents (EADs), impacting H-4 spouses of H-1B visa holders and other immigrant categories whose work permit renewals are pending.

Washington:  The US has scrapped a policy to grant automatic extensions to work permits, including those of spouses of H-1 B visa holders, a move that could affect several foreign professionals, including Indians, while their applications for extension of employment authorisation documents (EADs) remain pending.

An interim rule to this effect was issued on October 30 last year and the US Citizenship and Immigration Services codified the final rule on Wednesday.

---

The 540-day automatic extension for EAD permits was introduced during President Joe Biden’s tenure in May 2022 to reduce the number of renewal applicants to avoid processing delays by USCIS. The rule was re-issued as a temporary measure in April 2024 and granted an indefinite extension in December 2024.

The interim rule issued last October removed the automatic extension of EADs for categories including adjustment of status applicants, H-4 spouses, asylum applicants, refugees and asylees, and temporary protected status (TPS) beneficiaries.

Students on F-1 applying for a STEM extension of employment authorisation are not affected by the elimination of the maximum 540-day auto-extension. This category continues to receive a 180-day auto-extension upon timely filing of their STEM EAD application.

Spouses of persons on L and E category visas remain work-authorised “incident to status” and do not require an EAD.

The Trump administration also proposed a new rule eliminating a longstanding practice of giving deference to prior approvals when adjudicating extension petitions for certain nonimmigrant workers.

The move could significantly increase scrutiny of previously routine visa extensions – including H-1B visas – and lead to longer wait times.

If the proposed rule is implemented, USCIS officers would be instructed to independently evaluate each extension petition on its own merits rather than giving deference to prior determinations.

Enhanced scrutiny may lead to more Requests for Evidence (RFEs), extensive documentation requirements, longer adjudication timelines, and increased legal and administrative costs associated with extension filings.

Employers may need to approach extension petitions much like initial filings, ensuring that eligibility is fully documented regardless of prior approvals.

The Department of Homeland Security has invited comments on the proposal till November 13.

“I strongly condemn the Trump administration decision to codify and finalise the elimination of the 540-day automatic work permit extension,” said Ajay Jain Bhutoria, former White House advisor and immigration attorney.

“This regressive policy shift is a devastating blow to hardworking legal immigrants, H-4 spouses, healthcare workers, and families who rely on employment authorisation documents to build their lives and contribute to America’s prosperity,” Bhutoria added.