Major setback for H-1B visa holders as US ends 540-day extension window of work permits

PTC News Desk: In a major setback for H-1B visa workers and their spouses, the United States has ended the automatic 540-day extension of work permits for several categories of immigrants. Thousands of foreign workers, including Indians, could be forced to stop working in the US while waiting for their work permit renewal applications to be approved.

The US Citizenship and Immigration Services (USCIS) formalised the new rule on Wednesday. It makes permanent a policy first introduced through an interim rule on October 30 last year.

The automatic extension of work permits for up to 540 days was introduced in May 2022 under former US President Joe Biden. The aim was to reduce renewal backlogs and prevent workers from losing their right to work because of processing delays. The measure was temporarily brought back in April 2024 and given an indefinite extension in December that year.

The latest rule ends automatic work permit extensions for several categories of applicants. These include people applying to adjust their immigration status, H-4 spouses, asylum applicants, refugees, people granted asylum and beneficiaries of Temporary Protected Status (TPS).

Who will be affected by the new rule ?

The change could affect H-4 spouses of H-1B visa holders who rely on Employment Authorisation Documents (EADs) to work in the US. If their existing work permits expire before their renewal applications are approved, they may have to stop working until they receive fresh authorisation.

However, the rule does not affect all foreign workers in the same way. F-1 students applying for an extension of their work authorisation under the Science, Technology, Engineering and Mathematics (STEM) programme will continue to qualify for a 180-day automatic extension, provided they submit their applications on time.

Trump administration proposes stricter visa extension checks

Separately, the Trump administration has proposed another change that could make visa renewals more difficult for foreign professionals, including H-1B workers.

The proposal would end the long-standing practice of giving weight to earlier visa approvals when reviewing extension applications for certain non-immigrant workers.

Under the proposed system, USCIS officers would examine each renewal application independently instead of relying on previous approvals. This could lead to closer scrutiny, even for workers whose visas were approved earlier.

The proposal could result in more Requests for Evidence (RFEs), additional document requirements, longer processing times and higher legal and administrative costs.

Employers may also have to submit detailed evidence of a worker’s eligibility, similar to what is required for an initial application, even if the worker has already received visa approval in the past.

The Department of Homeland Security has invited the public to submit comments on the proposed rule until November 13. Unlike the change to automatic work permit extensions, this proposal is a separate measure and has not yet been finalised.