US scraps automatic work permit extensions, raising concerns for Indian H-1B visa holders

The US Department of Homeland Security (DHS) has finalised a rule ending automatic extensions of work authorisation for certain immigrants whose renewal applications are pending, a move that could affect Indian professionals and their families living and working in the country. The measure makes permanent an interim final rule introduced last year that removed the automatic extension of employment authorisation documents (EADs) for up to 540 days. The extension was introduced under the Joe Biden administration to help foreign workers continue working while the US Citizenship and Immigration Services (USCIS) processed their renewal applications.

According to a recent report, the US government said the change would allow authorities to conduct more frequent checks on applicants. The policy affects several categories of foreign nationals, including asylum seekers and spouses of H-1B visa holders who are eligible to work in the US.

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For Indians, the change is particularly relevant to H-4 visa holders, some of whom obtain employment authorisation through their spouses' H-1B status. If their work permits expire before USCIS approves their renewal applications, they could face interruptions in employment.

What does the new US work permit rule mean?

Under the earlier policy, eligible applicants who filed their employment authorisation renewal applications on time could receive an automatic extension of their work permits while awaiting a decision. This helped workers avoid losing their ability to work because of administrative delays.

With the automatic extension removed, eligible applicants will generally need to wait for their renewed employment authorisation to be approved before continuing work beyond the validity of their existing documents, unless another applicable provision provides an extension.

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The change could create difficulties for foreign workers whose renewal applications remain pending for several months. Employees may have to stop working if their existing authorisation expires before USCIS issues a decision, while employers could face staffing disruptions.

The rule is not limited to H-1B visa holders. It also affects other categories of immigrants who rely on employment authorisation documents, subject to applicable exceptions.

Legal challenge by H-4 visa holders

The policy has also faced legal challenges. A group of H-4 visa holders sued DHS in January, arguing that the change violated the Administrative Procedure Act. The ruling's scope is limited to the plaintiffs and does not, by itself, establish a nationwide exemption from the policy.

For Indian workers and their families, the practical impact will depend on their visa category, employment authorisation eligibility, renewal timelines and whether any applicable exception or court order covers their circumstances. Workers approaching the expiry of their employment authorisation may need to check the latest USCIS guidance and consult their employers or immigration lawyers to understand whether they can continue working while their applications are pending.