In a fresh setback for H-1B workers and their spouses, the United States has ended the automatic 540-day extension of work permits for several categories of immigrants. The move could leave thousands of foreign workers, including Indians, unable to work while their renewal applications remain pending, news agency PTI reported.
The US Citizenship and Immigration Services (USCIS) formalised the change on Wednesday. The final rule codifies a policy first introduced through an interim rule on October 30 last year.
The 540-day automatic extension was introduced in May 2022 during former US President Joe Biden's tenure. It aimed to ease renewal backlogs and prevent workers from losing work authorisation due to processing delays. The measure was temporarily reintroduced in April 2024. In December that year, it received an indefinite extension.
The latest rule ends automatic extensions for several categories of applicants. These include people seeking adjustment of status, H-4 spouses, asylum applicants, refugees, asylees and beneficiaries of Temporary Protected Status (TPS).
WHO IS AFFECTED BY THE NEW RULE?
The change could affect H-4 spouses of H-1B visa holders who depend on employment authorisation to work in the US. If their existing EADs expire before their renewal applications are approved, they may have to stop working until fresh authorisation is granted.
However, not all foreign workers are affected in the same way. F-1 students applying for a STEM (Science, Technology, Engineering, and Mathematics) extension of their employment authorisation continue to qualify for a 180-day automatic extension, provided they file their applications on time.
Spouses of people holding L and E category visas also remain authorised to work incident to their immigration status and do not require an EAD.
TRUMP PROPOSES TOUGHER VISA EXTENSION SCRUTINY
Separately, the Trump administration has proposed another change that could make visa renewals more difficult for foreign professionals, including H-1B workers.
The proposal seeks to end the longstanding practice of giving deference to previous approvals when adjudicating extension petitions for certain non-immigrant workers.
Under the proposed framework, USCIS officers would assess each extension application on its merits rather than relying on earlier decisions. This could subject applicants to more intensive scrutiny, even when USCIS previously approved their visas.
The proposal could result in more Requests for Evidence (RFEs), additional documentation requirements, longer processing times and higher legal and administrative costs.
Employers may consequently need to prepare extension petitions with the same level of detail as initial applications, fully documenting eligibility even when a worker has already received approval in the past.
The Department of Homeland Security has invited public comments on the proposed rule until November 13. Unlike the work permit change, this proposal is a separate measure and has not yet been finalised.
IMMIGRATION ATTORNEY CONDEMNS WORK PERMIT DECISION
Ajay Jain Bhutoria, a former White House adviser and immigration attorney, criticised the administration's decision to formalise the elimination of the 540-day automatic work permit extension.
"I strongly condemn the Trump administration's decision to codify and finalise the elimination of the 540-day automatic work permit extension," Bhutoria said.
He argued that the change would hurt legal immigrants and families who rely on employment authorisation to sustain their livelihoods in the US.
"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," he added.
The two measures could create additional uncertainty for foreign professionals and their families in the US, particularly those who depend on timely renewals to maintain their employment and immigration status.
Source: India Today