US Ends 540-Day Work Permit Extension, H-1B Holders Face Uncertainty. (Image Credit: AI)
Can you imagine waiting for the approval of your work permit renewal when your livelihood depends upon it and being informed about the removal of the safety net that has allowed you to continue your job while the process continues? Well, thousands of foreign workers in the US, including many Indians, are facing this situation.
Rule That Was Finalised on Wednesday
The US Citizenship and Immigration Services (USCIS), on Wednesday, finalised the rule to end the automatic extension of 540 days of work permits of various types of immigrants, news agency PTI reported. This final rule formalises the policy announced in an interim rule on October 30 last year.
The move could leave thousands of foreign workers unable to work while their renewal applications remain pending.
What the Extension Was Meant to Do
The 540-day extension was implemented by US President Joe Biden in May 2022. It was intended to reduce any delays in renewals and prevent people from becoming ineligible to work owing to delays in processing their applications. The temporary implementation was brought back in April 2024, followed by an indefinite extension in December of that year.
Those Losing the Cushion
Among the various categories of people, some have been barred from automatic extensions under the new rule, including individuals applying for adjustment of status, H-4 spouses, asylum seekers, refugees, asylees and beneficiaries of TPS.
Indian immigrants will find themselves particularly affected by this rule change since H-4 spouses of H-1B immigrants rely on Employment Authorization Documents (EAD) to allow them to work legally. Once the EAD expires without getting a renewal, they would not be able to continue working.
Who Is Not Affected
Not everyone is hit equally. F-1 students applying for a STEM extension of their work authorisation still qualify for a 180-day automatic extension, provided they file on time. Spouses of L and E category visa holders remain authorised to work incident to their status and do not need an EAD.
A Second Proposal Adds to the Worry
Additionally, there is another proposal being made by the Trump government that will increase difficulties with respect to extensions for foreign professionals, especially H-1B employees. The proposal would do away with the tradition of providing deference to prior decisions when reviewing extension requests by some non-immigrant visa holders. Instead of deferring to the earlier decision, officers will review the extension application based on its merits even if the visa had already been approved by USCIS.
The new rule could entail a lot more Request for Evidence, documentation and costs.
The Department of Homeland Security has invited public comments on the proposal until November 13. Unlike the work permit change, it is not yet final.
A Sharp Reaction
Ajay Jain Bhutoria, a former White House adviser and immigration attorney, condemned the decision. “I strongly condemn the Trump administration’s decision to codify and finalise the elimination of the 540-day automatic work permit extension,” he said. He called it a “devastating blow” to legal immigrants, H-4 spouses, healthcare workers and families who rely on work permits to build their lives.
What Happens Next
For affected workers, the immediate question is timing: whether renewals will be processed before existing permits expire. The comment period on the second proposal, which runs until November 13, will show how employers and immigration groups respond. Until then, many families are left planning around uncertainty, with livelihoods tied to how quickly the agency acts.
For More News Updates Follow Us On www.tconews.in