US Work Permit Could Be Automatically Renewed Again: Good News for H-1B Spouses

Spouses of H-1B visa holders in the United States—holding H-4 visas—are eligible to work in the country through an Employment Authorization Document (EAD). However, in October, the Trump administration ended the automatic renewal of EADs, making it difficult for H-1B spouses to continue working seamlessly.

Impact of Ending Automatic Renewal
Over 100,000 Indian nationals are currently H-1B spouses with valid EADs. Under the “Interim Final Rule” implemented by the Department of Homeland Security (DHS), once an EAD expires, holders cannot legally work until their renewal application is approved. Previously, EADs were automatically extended for up to 540 days, allowing H-4 visa holders to continue employment while waiting for renewal. Without automatic renewal, spouses face gaps in employment, as USCIS processing times often exceed the 180-day advance application window.

Proposed Changes to Restore Automatic Renewal
Democratic lawmakers in the US Senate, including members of the Judiciary Immigration Subcommittee Alex Padilla, Jackie Rosen, and others, have introduced a proposal to overturn the Interim Final Rule. Using the Congressional Review Act (CRA), Congress can nullify rules issued by federal agencies within a specific timeframe. If approved, the CRA could restore automatic EAD extensions and prevent the introduction of similar restrictive rules in the future.

Why This Matters
Lawmakers argue that the Trump-era rule has negatively impacted 87% of EAD holders, including H-4 spouses, causing economic losses to both workers and companies that rely on their contributions. Immigration experts note that the CRA proposal may face a presidential veto, but Congress could override it with a strong majority. Legal challenges in court are also possible since public opinion was not sought before the rule’s implementation.

Outlook for H-4 Visa Holders
H-4 spouses who lost the benefit of automatic renewal now have renewed hope. If the CRA proposal succeeds, automatic EAD renewal could be reinstated, allowing thousands of H-1B spouses to continue working without disruption. This change would also safeguard them from similar restrictions in the future.