Stories
US Ends Auto-Renewal of Work Permits for H-4 Spouses and Other Visa Categories
- •The United States has scrapped the policy granting automatic extensions of up to 540 days for work permits, impacting spouses of H-1B visa holders and other categories while applications remain pending.
- •US Citizenship and Immigration Services codified the final rule, which removes automatic EAD extensions for adjustment of status applicants, H-4 spouses, asylum seekers, and temporary protected status beneficiaries.
- •F-1 students applying for a STEM extension are not affected and will continue to receive a 180-day auto-extension upon timely filing.
- •A newly proposed rule by the administration would also eliminate deference to prior approvals for nonimmigrant worker extensions, leading to increased scrutiny, longer wait times, and more requests for evidence.
- •Immigration advocates and former officials have strongly condemned the policy shift, calling it a devastating blow to legal immigrants and working families.
Key Questions Answered
The US has eliminated the policy of granting automatic work permit extensions, including the 540-day extension for Employment Authorisation Documents (EADs) held by H-4 spouses. This means work permits will no longer be automatically extended while renewal applications are pending.
No, F-1 students applying for a STEM extension of their employment authorisation are not impacted by the removal of the 540-day auto-extension. They continue to be eligible for a 180-day automatic extension upon the timely filing of their STEM EAD application.
The proposed rule would instruct USCIS officers to independently evaluate each extension petition on its own merits rather than granting deference to prior approvals. This increased scrutiny could lead to more Requests for Evidence, longer adjudication timelines, and higher administrative costs.
