Work authorisation documents for H-1B visa holders' spouses and other overseas professionals — Indians among them — now face an uncertain waiting period after the US administration withdrew its standing practice of automatically extending permits while renewal applications move through the approval queue. A provisional version of the rule took effect on 30 October of the prior year, with US Citizenship and Immigration Services formalising the permanent regulation on Wednesday.
Rolled out in May 2022, a 540-day extension window for EAD permits gave renewal applicants more time between filings, easing the volume of cases landing on USCIS's desk and helping the agency keep pace with demand. Circulated initially as a stopgap arrangement in April 2024, the rule later received an open-ended continuation when authorities acted again that December.
A provisional regulation published the previous October stripped away the automatic renewal of employment authorisation documents for several visa and immigration categories — among them people awaiting adjustment of status, H-4 dependent spouses, those seeking asylum, recognised refugees and asylees, and individuals holding temporary protected status.
Those pursuing a STEM-based work authorisation extension under F-1 status remain outside the scope of the 540-day auto-extension removal. Workers in that visa category retain an automatic 180-day work-authorisation extension once a qualifying STEM EAD renewal application reaches the relevant office on time. Holders of L and E category visa status automatically extend employment authorisation to their spouses, making a separate EAD application unnecessary.
A rule put forward by the administration would end the longstanding practice of treating prior approvals as a baseline when reviewing extension requests filed by certain nonimmigrant workers. Routine visa renewals — H-1B applications among them — may face heightened scrutiny under the policy shift, with processing timelines expected to stretch as a result.
Under the proposed rule, USCIS officers would assess each extension petition on its own terms, without carrying forward conclusions drawn from earlier approvals. Tighter oversight of applications tends to bring with it a higher volume of Requests for Evidence, heavier paperwork burdens, drawn-out processing times, and steeper legal and administrative fees tied to extension filings.
Renewing an application demands the same quality of supporting evidence as the original submission — prior approval alone does not stand in for a complete, up-to-date record of continued eligibility.
Bhutoria — described as a former White House advisor and immigration attorney — put forward objections to the administration's proposed rule formalising the end of the 540-day automatic work authorisation extension, arguing that H-4 spouses, healthcare workers, and others who rely on employment authorisation documents would face adverse consequences, with the window for public comment on the proposal set to close on November 13.
