E-Paper
Fresh setback for H-1B workers: US ends 540-day automatic work permit extension, impact on Indians explained
A new DHS rule ends automatic extensions of employment authorization for renewal applications filed on or after October 30, 2025.
Prefer HTon Google
In a further development concerning immigrants during the broader immigration enforcement initiatives undertaken by US President Donald Trump, the Department of Homeland Security (DHS) announced on Tuesday (local time) a regulatory measure that eliminates an extended period allowing immigrants to maintain employment following the expiration of their work authorization while their renewal petitions were under review.
New DHS rule ends automatic work authorization extensions
According to Bloomberg Law, the regulation permanently terminates the automatic 540-day extension period that had permitted qualified immigrants to maintain employment in the nation while their permit renewal applications were under review. This extension, which was established during the tenure of former President Joe Biden, was previously suspended on a temporary basis by the DHS last year.
Who will be impacted?
The new move could have implications for foreign workers employed in the US, including Indian professionals and the spouses of H-1B visa recipients who rely upon work authorization documentation to sustain their employment status.
The grace period was set up to offer protection to immigrant workers who faced the risk of employment termination resulting from processing delays at the US Citizenship and Immigration Services (USCIS). However, during the Trump administration, the agency implemented measures that increased the difficulty for immigrants to maintain or extend their work permits.
What applicants need to know?
Effective October 30, 2025, the updated policy eliminates automatic extensions for renewal applications submitted on or after that date. Applicants are required to await approval of their renewed employment authorization before they may continue working past the expiration of their current documents.
The DHS states that this policy modification aims to enhance background verification, security assessments, and eligibility determinations before granting employment authorization extensions.
Impact on Indians and H-4 visa and H-1B visa holders explained
The rule may impact multiple categories of foreign nationals who depend on Employment Authorization Documents (EADs) to work lawfully within the United States. This encompasses specific candidates pursuing immigration status adjustment, qualified asylum seekers, and H-4 visa beneficiaries, particularly spouses of H-1B visa holders who are eligible for work authorization.
Indian professionals and their dependents could encounter challenges if their current work permits lapse prior to USCIS processing their renewal requests. H-4 EAD beneficiaries, notably, may experience temporary employment interruptions if their authorization lapses while their renewal application remains under review.
USCIS advises applicants to file EAD renewal applications immediately
This modification underscores the significance of submitting timely renewal applications and diligently tracking application processing schedules. USCIS has suggested applicants to submit their EAD renewal applications as early as possible, typically within 180 days prior to their current documents' expiration date.
Employees should maintain communication with their employers and monitor their application status to minimize the likelihood of work authorization lapses.
Notably, this regulation preserves automatic extensions that were previously approved under former guidelines for qualifying applications submitted before October 30, 2025. Additional extensions granted through statutory provisions or targeted notices related to Temporary Protected Status (TPS) may continue to remain in effect.
