Lawsuit Challenges US Rule Ending Automatic Work Permit Extensions for H-1B Spouses
January 10, 2026
A new lawsuit has been filed by spouses of H-1B visa holders against a recent US rule ending automatic extensions of work permits. On October 29, 2025, the US Department of Homeland Security introduced a rule that stops automatic work permit renewals for certain visa holders. The widow lawsuit says this violates the Administrative Procedure Act because it was "arbitrary and capricious" and skipped proper rulemaking steps, Bloomberg reported.
The US Citizenship and Immigration Services (USCIS) says the new rule means more safety screening. USCIS director Joseph Edlow said, "USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritized aliens’ convenience ahead of Americans’ safety and security. It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended. All aliens must remember that working in the United States is a privilege, not a right."
Under this rule, people must file renewals up to 180 days before their Employment Authorization Document (EAD) expires. USCIS warned that delays increase chances of losing work authorization temporarily.
The lawsuit claims the real reason behind the rule is clear, stating, "The administration’s true rationale, stripping the ability of people lawfully in the US to sustain themselves, is embarrassingly obvious." They add that though the government stopped short of ending work permits fully for H-1B spouses, it achieved the same effect by increasing processing delays and adding biometric demands.
H-1B spouses enter the US on H-4 visas. They may only apply for work permits after their H-1B spouse moves forward on a permanent immigrant visa. For these H-4 holders, renewing work permits is tricky since their legal status and work authorization must match the H-1B spouse’s status exactly.
Read More at Timesofindia →
Tags:
H-1b visa
H-4 visa
Work permits
Uscis
Lawsuit
Employment Authorization
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