Highlights:
THE US has scrapped a policy granting automatic extensions to work permits, including those held by spouses of H-1B visa holders, in a move that could affect foreign professionals and their families while applications to renew employment authorization documents (EADs) remain pending.
An interim rule to this effect was issued on October 30 last year, and US Citizenship and Immigration Services (USCIS) codified the final rule last Wednesday (14).
The 540-day automatic extension for EADs was introduced during president Joe Biden’s tenure in May 2022 to prevent employment disruptions caused by processing delays at USCIS. The rule was reissued as a temporary measure in April 2024 and made permanent in December 2024.
The interim rule issued last October removed automatic EAD extensions 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 visas applying for an extension of employment authorization under the STEM program are not affected by the elimination of the maximum 540-day automatic extension. This category continues to receive a 180-day automatic extension upon timely filing of a STEM EAD application.
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Spouses of people on L and E category visas remain authorized to work “incident to status” and do not require an EAD.
The Trump administration has also proposed a new rule eliminating the 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 implemented, the proposed rule would require USCIS officers to independently evaluate each extension petition on its merits rather than defer to previous determinations.
Increased scrutiny could lead to more requests for evidence (RFEs), extensive documentation requirements, longer processing times and higher 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 until 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, a former White House adviser 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.
