Federal authorities have ended automatic renewals for a range of work authorisations, among them the permits held by spouses of H-1B visa holders. Foreign workers holding open work permits — including Indian nationals — could find themselves in a difficult position if their Employment Authorisation Document renewals remain unprocessed when the policy takes effect.

On Wednesday, the United States Citizenship and Immigration Services formally adopted the regulation as a binding final rule. The Department of Homeland Security has also put forward a standalone proposal on visa extensions, and a public comment window on that proposal remains open through November 13.

A lawsuit has been filed asking a court to bar USCIS from automatically honouring prior approval decisions for certain nonimmigrant worker petitions.

A temporary rule addressing the EAD shift took effect on 30 October of the preceding year. Under that rule, automatic work-authorisation renewals were dropped for people seeking adjustment of status, along with H-4 spouses. Coverage under the measure extended to those seeking asylum, individuals already holding refugee or asylee status, and people enrolled in Temporary Protected Status programmes. On Wednesday, the agency placed that regulation into its permanent rulebook.

A 540-day automatic extension window for employment authorisation documents took effect in May 2022, during the period when Joe Biden held the presidency. The policy's declared aim was to reduce a growing backlog of renewal applications at USCIS while also shortening wait times for applicants. In April 2024, that provision was reinstated on a temporary basis, and an open-ended extension was granted to it in December 2024.

Those holding F-1 visa status and pursuing a STEM-track extension fall outside the protections offered by the 540-day rollback. Members of that category retain access to a 180-day work-authorisation extension provided their STEM EAD application is submitted on time. Holders of L and E visa status retain work authorisation for their spouses as a built-in feature of that classification, and an Employment Authorization Document is not a requirement for that group.

Under the plan put forward by the administration, the process USCIS uses to evaluate extension petitions would undergo revisions. Each file would be reviewed on its individual circumstances, setting aside any precedents from prior rulings. Under that framework, standard renewal filings — H-1B applications among them — would face a higher level of scrutiny than they currently do.

Longer processing times for visa applications are a possibility under this scenario. Those submitting applications could face a heavier administrative load, including a greater volume of documentation requests tied to the review process. Longer processing periods carry the potential to drive up both legal expenses and administrative burdens. When renewal applications arrive, they may receive the same procedural handling as an initial submission.

Ajay Jain Bhutoria, who previously served as a White House adviser and now practises immigration law, voiced opposition to the administration's move to formally adopt and make permanent the removal of the 540-day automatic work permit extension. Bhutoria described the policy change as harmful to H-4 spouses, healthcare workers, and others who depend on employment authorisation documents, as well as to legal immigrants and families using such permits to support their livelihoods and economic contributions. He also noted that the change would require full eligibility documentation even from applicants whose earlier extensions had been granted without issue.