US has finalised a rule ending automatic extensions of employment authorisation documents (EADs)
Last month, the administration had also signalled a longer-term plan to remove H-4 dependent spouses of H-1B workers from the categories eligible for employment authorisation altogether. The H-4 EAD provision itself was introduced in 2015, during the Obama administration, partly to address the difficulties faced by families (such as those from India) caught in lengthy employment-based green card backlogs. Under the provision, certain H-4 spouses could apply for work authorisation if their H-1B spouses were on the path to permanent residence or had obtained an extension beyond the normal six-year H-1B limit.
The administration has said the measure is intended to strengthen vetting and screening before employment authorisation is renewed. The Trump administration has finalised a rule ending automatic extensions of employment authorisation documents (EADs) for eligible foreign nationals awaiting renewal of their work permits. For the Indian diaspora, the move could adversely impact over a lakh Indian spouses, largely women, of H-1B visa holders caught in decades-long green card backlogs. Under the rule, filing a timely renewal application will no longer, by itself, allow eligible applicants to continue working beyond the expiry of their existing work permits while their applications are pending.
As reported by TOI earlier, in an order dated September 10, 2026, a US district court in the Central District of California granted a preliminary injunction in favour of seven plaintiffs who challenged the rule. The policy has also faced legal challenges. The court held that DHS had failed to follow the procedure required under the Administrative Procedure Act when introducing it. The relief, however, was limited to the seven plaintiffs and did not apply nationwide.