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IT Jobs and Training
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***** H-4 Spouses Challenge Trump-Era Rule Ending Automatic Work Permit Extensions *****
A group of Indian-origin H-4 visa holders has challenged the Trump administration’s decision to withdraw automatic extensions of employment authorisation documents (EADs). The plaintiffs have moved a U.S. federal court against the decision and argued that the policy change is unlawful and threatens to push thousands of legally employed immigrants out of the workforce. The petition was filed on January 8 in the U.S. District Court for the Central District of California, seeking countrywide relief from an interim final rule issued by the U.S. Department of Homeland Security (DHS) in October 2025. That rule dismantled the system under which work permits were automatically extended while renewal applications were under review. The seven plaintiffs—spouses of H-1B professionals with approved green card petitions—say the sudden rollback was implemented without public input and fails to account for long-standing processing backlogs at U.S. Citizenship and Immigration Services (USCIS). As a result, they contend, many H-4 workers face inevitable job losses despite complying with all filing requirements. Court documents note that some of the petitioners have already lost work authorisation, while others are close to being forced out of employment solely because renewal decisions have not been issued in time. Earlier regulations allowed H-4 spouses to continue working for up to 180 days after their permits expired, provided renewal applications were filed on time. In 2022, USCIS expanded this buffer to 540 days to counter extreme delays and later made the provision permanent from January 2025. The October 2025 rule abruptly ended that protection. According to the lawsuit, removing automatic extensions revives the same employment uncertainty the government previously acknowledged and sought to fix. The plaintiffs argue that H-4 spouses can apply for renewal only within a limited window tied to the primary H-1B holder’s status. Any delay by an employer in filing H-1B extensions reduces the dependent spouse’s time to apply. With USCIS processing often stretching well beyond 180 days, the absence of automatic extensions virtually guarantees work disruptions, they say. Immigration observers estimate the rule could affect nearly 100,000 Indian H-4 EAD holders, most of them women. While the Trump administration has justified the move on national security and public safety grounds, the lawsuit disputes this reasoning. The petition claims DHS already conducts continuous background monitoring and has not demonstrated how temporary EAD extensions pose any additional risk. Represented by attorneys Justin Tseng and Jonathan D. Wasden, the H-4 spouses have asked the court to set aside the interim rule, reinstate automatic EAD extensions, and stop DHS from enforcing the policy nationwide. The outcome of the case could have significant consequences for immigrant families and U.S. employers reliant on skilled foreign workers.
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