Brief
US ends automatic 540‑day work‑permit extensions for H‑4 spouses and other immigrants
The final rule, formalised on Oct. 17, removes the automatic extension that kept many foreign workers employed while renewal applications were processed.
By Felo News Desk · Published
The United States Citizenship and Immigration Services (USCIS) issued a final rule on Wednesday, Oct. 17, 2026, ending the automatic 540‑day extension of Employment Authorization Documents (EADs) for several immigrant categories, including H‑4 spouses of H‑1B visa holders, asylum applicants, refugees, asylees and Temporary Protected Status (TPS) beneficiaries.
What happened
The rule, first introduced as an interim measure on Oct. 30, 2025, was codified after being temporarily restored in April 2024 and extended indefinitely in Dec. 2024. Under the new regulation, applicants whose permits expire before USCIS approves a renewal must stop working until a new EAD is issued. The change does not affect F‑1 students seeking STEM OPT extensions, who will continue to receive a 180‑day automatic extension if they file on time.
What the reports add
According to the news outlet PTI, the decision represents a fresh setback for Indian H‑1B workers and their families, potentially leaving thousands without work authorization while waiting for renewal decisions. The article notes that the automatic extension was originally introduced in May 2022 under the Biden administration to address renewal backlogs.
What was said
The report does not contain direct quotations from officials, but it cites the final rule as the source of the policy change.
How it came about
The automatic 540‑day extension was created to prevent employment gaps caused by processing delays. It was briefly reinstated in 2024 before being made permanent later that year. The Trump administration had previously proposed ending the practice of deferring to prior approvals during visa extension reviews for non‑immigrant workers, a move that aligns with the current revocation.
Key facts
- USCIS formally ended the automatic 540‑day work‑permit extension for several visa categories on Oct. 17, 2026. (news18.com)
- The rule affects H‑4 spouses, asylum applicants, refugees, asylees and TPS beneficiaries, requiring them to stop work if their EAD expires before renewal. (news18.com)
- F‑1 students on STEM OPT will still receive a 180‑day automatic extension if they file on time. (news18.com)
- The automatic extension was first introduced in May 2022 under President Biden to address renewal backlogs. (news18.com)
Sources
- [1] news18.com — originally reported as “US Scraps 540-Day Work Permit Extension: What Indian H-1B Workers Need To Know”
