Automatic EAD extension ends for H-4 spouses as USCIS finalises new work permit rule

The US has ended automatic extensions for many work permits, including those used by spouses of H-1 B visa holders. The change may affect foreign professionals, including Indians, when Employment Authorisation Document (EAD) renewals are still pending. The US Citizenship and Immigration Services (USCIS) codified the final rule on Wednesday.

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The Department of Homeland Security has also put forward a separate proposal on visa extensions. It seeks to stop USCIS from giving deference to earlier approvals for some nonimmigrant workers. Officials have asked for public comments on that plan till November 13.

USCIS EAD automatic extension rollback affects H-4 spouses and others

An interim rule covering the EAD shift was issued on October 30 last year. It removed automatic EAD extensions for adjustment of status applicants and H-4 spouses. It also applied to asylum applicants, refugees and asylees, and TPS beneficiaries. USCIS later codified the final rule on Wednesday.

The 540-day EAD auto-extension began in May 2022 during President Joe Bidens tenure. It aimed to ease renewal backlogs and limit processing delays at USCIS. The measure was issued again as temporary in April 2024. It then received an indefinite extension in December 2024.

USCIS EAD rules keep STEM extension option for F-1 students

Students on F-1 visas seeking a STEM extension are not covered by the 540-day rollback. This group still receives a 180-day automatic extension with a timely STEM EAD filing. Separately, spouses of people on L and E visas stay work-authorised due to status. They do not need an EAD.

USCIS visa extension deference proposal may raise H-1B scrutiny

The Trump administration proposal would change how USCIS reviews extension petitions. Officers would assess each case on its own merits, without relying on earlier decisions. The approach could increase scrutiny for routine renewals, including H-1B visas. It may also add to visa wait times.

Under the proposal, applicants may face more Requests for Evidence and heavier paperwork. Adjudication timelines could stretch, raising legal and administrative costs. Employers may need to treat extensions like first-time filings. They would have to show full eligibility even when earlier extensions were approved.

"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 Americas prosperity,\" Bhutoria added.

With inputs from PTI