In a major policy shift, the United States Citizenship and Immigration Services (USCIS) has finalized a rule ending the automatic 540-day work permit extension for several categories of legal immigrants. The decision codifies a measure that leaves thousands of foreign professionals, particularly Indian H-1B families, at risk of losing their employment authorization if agency processing delays cause their existing permits to expire.
The 540-day extension was introduced in May 2022 under former President Joe Biden to cushion renewal applicants from chronic administrative backlogs. Under the newly finalized rule, that safety net is officially eliminated for key immigrant groups, including H-4 spouses of H-1B visa holders, adjustment-of-status applicants, refugees, asylees, and Temporary Protected Status (TPS) beneficiaries. Affected workers whose renewals are delayed will now be forced to stop working immediately once their current cards expire.
Not all foreign workers face the same disruption. F-1 students applying for a STEM OPT extension retain a 180-day automatic extension if filed on time, while spouses of L and E visa holders remain authorized to work incident to their status without requiring separate renewal documents.
Adding to the uncertainty, the Trump administration has separately proposed ending the longstanding practice of granting “deference” to previous visa approvals. If finalized, USCIS officers would evaluate every extension request from scratch, leading to longer processing times, higher legal costs, and more Requests for Evidence (RFEs). Public comments on that proposal remain open through November 13.
Immigration experts have strongly condemned the work permit changes. Former White House adviser Ajay Jain Bhutoria called the move a “devastating blow” to hardworking legal immigrants and families who rely on employment authorization. The combined measures signal a heightened era of uncertainty for foreign professionals navigating the US immigration system.
Source: India Today
