US scraps 540-day work permit extension:Indian workers and their spouses risk job disruptions; know how it affects H-1B visa holders

The United States has ended the automatic 540-day extension of work permits for several categories of immigrants, a move that could leave thousands of foreign workers, including Indians, unable to work while their renewal applications are pending. The US Citizenship and Immigration Services (USCIS) formalised the change on Wednesday through a final rule, codifying a policy initially introduced in an interim rule on October 30 last year, news agency PTI reported. Introduced in May 2022 under former President Joe Biden, the automatic extension was intended to address renewal backlogs and prevent workers from losing their employment authorisation because of processing delays. The provision was temporarily restored in April 2024 and extended indefinitely in December that year. Under the latest rule, automatic extensions will no longer apply to several categories of applicants, including those seeking adjustment of status, H-4 spouses, asylum applicants, refugees, asylees and beneficiaries of Temporary Protected Status (TPS). Who will be affected by the new rule? H-4 spouses of H-1B visa holders who rely on Employment Authorisation Documents (EADs) to work in the US could be among those affected. If their existing permits expire before USCIS approves their renewal applications, they may have to stop working until fresh authorisation is issued. However, the change does not affect all foreign workers equally. F-1 students applying for a Science, Technology, Engineering and Mathematics (STEM) extension of their employment authorisation will continue to qualify for a 180-day automatic extension, provided they submit their applications on time. Spouses of L and E visa holders will also retain work authorisation based on their immigration status and will not need an EAD. Trump administration proposes tougher scrutiny of visa extensions Separately, the Trump administration has proposed another change that could make visa renewals more difficult for foreign professionals, including H-1B workers. The proposal seeks to end the longstanding practice of giving deference to previous approvals when deciding extension petitions for certain non-immigrant workers. Under the proposed framework, USCIS officers would assess each extension application on its merits rather than relying on earlier decisions. This could lead to closer scrutiny even when an applicant’s visa was previously approved. The proposal could result in more Requests for Evidence (RFEs), additional documentation requirements, longer processing times and higher legal and administrative costs. Employers may need to submit detailed evidence of eligibility with extension petitions, similar to the documentation required for initial applications. The Department of Homeland Security has invited public comments on the proposed rule until November 13. Unlike the work permit change, this proposal has not yet been finalised.