US tightens immigration rules, ends auto renewal of work permits for H-4 spouses

Mangalore Today News Network

Washington, Oct 17, 2026: The United States has ended the policy allowing automatic extensions of work permits for certain categories of immigrants, including spouses of H-1B visa holders, potentially affecting thousands of foreign professionals, including Indians, whose applications to renew Employment Authorisation Documents (EADs) remain pending.

An interim rule to this effect was issued on October 30 last year, and the US Citizenship and Immigration Services (USCIS) codified the final rule on Wednesday.

The 540-day automatic extension for EADs was introduced in May 2022 during President Joe Biden’s administration to reduce renewal backlogs and prevent employment interruptions caused by processing delays. The measure was reissued temporarily in April 2024 and granted an indefinite extension in December 2024.

However, the interim rule issued last October ended automatic EAD extensions for several categories, including adjustment-of-status applicants, H-4 spouses, asylum applicants, refugees, asylees and beneficiaries of Temporary Protected Status (TPS).

Students on F-1 visas applying for an extension of employment authorisation under the Science, Technology, Engineering and Mathematics (STEM) programme are not affected by the change. They continue to receive a 180-day automatic extension if they file their STEM EAD renewal applications on time.

Spouses of L-1 and E-category visa holders remain authorised to work based on their immigration status and do not require an EAD for employment authorisation.

Proposed Rule Could Tighten Visa Extension Scrutiny

Separately, the Trump administration has proposed a rule to end the longstanding practice of giving deference to previous approvals when adjudicating extension petitions for certain non-immigrant workers.

The proposal could significantly increase scrutiny of visa extensions, including H-1B petitions, and potentially lead to longer processing times.

If implemented, USCIS officers would be required to assess each extension petition independently on its merits rather than relying on previous approval decisions.

The proposed change could result in more Requests for Evidence (RFEs), extensive documentation requirements, longer adjudication timelines and higher legal and administrative costs.

Employers may need to prepare extension petitions with documentation comparable to that required for initial applications, demonstrating that applicants continue to meet all eligibility criteria despite previous approvals.

The Department of Homeland Security has invited public comments on the proposal until November 13.

Former White House Adviser Criticises Decision

Ajay Jain Bhutoria, a former White House adviser and immigration attorney, strongly criticised the administration’s decision to finalise the elimination of the 540-day automatic work permit extension.

“This regressive policy shift is a devastating blow to hardworking legal immigrants, H-4 spouses, healthcare workers, and families who rely on employment authorisation documents to build their lives and contribute to America’s prosperity,” Bhutoria said.