The United States has scrapped the automatic 540-day extension of work permits for several categories of immigrants, potentially leaving thousands of foreign workers, including Indians, unable to continue
working while their renewal applications are pending.
The development is a fresh setback for H-1B workers and their spouses, news agency PTI reported.
The US Citizenship and Immigration Services (USCIS) formalised the decision on Wednesday through a final rule, codifying a policy initially introduced in an interim rule on October 30 last year.
Introduced in May 2022 under former US President Joe Biden, the automatic extension was intended to address renewal backlogs and prevent workers from losing their employment authorisation because of processing delays. The provision was temporarily restored in April 2024 before being extended indefinitely in December that year.
Under the latest rule, automatic extensions will no longer apply to several categories of applicants, including those seeking adjustment of status, H-4 spouses, asylum applicants, refugees, asylees and beneficiaries of Temporary Protected Status (TPS).
Who Will Be Affected By The New Rule?
H-4 spouses of H-1B visa holders who rely on Employment Authorisation Documents (EADs) to work in the US could be among those affected. If their existing permits expire before USCIS approves their renewal applications, they may be required to stop working until new authorisation is issued.
However, the change does not affect all foreign workers equally. F-1 students seeking a Science, Technology, Engineering, and Mathematics (STEM) extension of their employment authorisation will continue to receive a 180-day automatic extension, provided they submit their applications on time.
Meanwhile, spouses of L and E visa holders will retain their authorisation to work based on their immigration status and will not need an EAD.
Trump Administration Proposes Stricter Scrutiny Of Visa Extensions
In a separate move, the Trump administration has proposed changes to the visa renewal process that could make extensions more challenging for foreign professionals, including H-1B workers.
The proposal seeks to end the longstanding practice of deferring to previous approvals while reviewing extension petitions for certain non-immigrant workers. If implemented, the framework would require USCIS officers to evaluate each application on its own merits instead of relying on earlier decisions.
Consequently, applicants could face closer scrutiny even if their visas had previously been approved by USCIS.
The proposed changes could also lead to more Requests for Evidence (RFEs), additional documentation requirements, longer processing periods and increased legal and administrative expenses.
Employers may have to submit extension petitions with the same level of detail as initial applications, providing complete documentation of a worker’s eligibility despite earlier approvals.
The Department of Homeland Security has invited public comments on the proposal until November 13. Unlike the work permit rule, the proposed changes to visa extensions have not been finalised and remain a separate measure.
Immigration Attorney Slams Work Permit Rule
Ajay Jain Bhutoria, a former White House adviser and immigration attorney, has criticised the administration’s decision to formalise the elimination of the automatic 540-day 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 said the policy change would adversely affect legal immigrants and families who depend on employment authorisation to support themselves 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 add to the uncertainty faced by foreign professionals and their families in the US, particularly those who depend on timely renewals to maintain their employment and immigration status.
