The US has ended automatic 540-day work permit extensions for several applicant categories. The change risks job gaps for H-4 spouses and other legal immigrants.

The United States has ended automatic extensions of work permits for several categories of applicants, including spouses of H-1B visa holders, Press Trust of India reported. The change could affect foreign professionals, including Indians, while their applications to renew employment authorisation documents remain pending.

The US Citizenship and Immigration Services formally adopted the final rule on Wednesday. An interim rule ending the automatic extensions had been issued on October 30 last year.

The 540-day automatic extension for employment authorisation documents was introduced in May 2022 during President Joe Biden's tenure. It was aimed at preventing renewal applicants from losing work authorisation because of processing delays at the agency.

The rule was reissued as a temporary measure in April 2024 and extended indefinitely in December 2024.

The interim rule issued last October removed the automatic extension for categories including applicants seeking adjustment of status, H-4 spouses, asylum applicants, refugees and asylees, and beneficiaries of temporary protected status.

Students on F-1 visas who apply for an extension of employment authorisation in science, technology, engineering and mathematics fields are not affected by the removal of the maximum 540-day extension. They will continue to receive an automatic 180-day extension if they file their applications on time.

Spouses of people holding L and E category visas remain authorised to work because of their visa status and do not require a separate employment authorisation document.

The Trump administration has also proposed a rule to end the longstanding practice of taking previous approvals into account while considering extension petitions for certain non-immigrant workers.

The proposal could increase scrutiny of visa extension applications, including those for H-1B visas, and lead to longer waiting periods. If implemented, US Citizenship and Immigration Services officers would independently assess each extension petition instead of relying on previous decisions.

The increased scrutiny could result in more requests for evidence, wider documentation requirements, longer processing periods, and higher legal and administrative costs. Employers may have to prepare extension petitions in the same way as initial applications and provide complete documents to establish eligibility, regardless of previous approvals.

The Department of Homeland Security has invited comments on the proposal until November 13.

Ajay Jain Bhutoria, a former White House adviser and immigration attorney, criticised the decision. "I strongly condemn the Trump administration decision to codify and finalise the elimination of the 540-day automatic work permit extension," he said, according to Press Trust of India.

"This regressive policy shift is a devastating blow to hardworking legal immigrants, H-4 spouses, healthcare workers, and families who rely on employment authorisation documents to build their lives and contribute to America's prosperity," Bhutoria added.

The final rule ends the 540-day automatic work permit extension for several categories of applicants, while a separate proposal could require fresh scrutiny of visa extension petitions regardless of previous approvals.