Spouses of several H-1B visa holders have filed a lawsuit against the Department of Homeland Security (DHS), challenging a recent policy change that ended the automatic extension of work permits for immigrants with pending renewal applications.
The dispute stems from an interim final rule issued in October 2025 by the U.S. Citizenship and Immigration Services (USCIS).
The order removed the long-standing provision that allowed certain immigrants—including H-4 visa holders, who are spouses of H-1B workers—to continue working while their Employment Authorization Document (EAD) renewals were under review.
Until now, timely renewal filings triggered an automatic extension, preventing work authorization gaps caused by processing backlogs.
The new rule eliminated that safeguard, citing national security concerns, even as visa processing times continue to stretch.
USCIS Director Joseph Edlow defended the change, saying it would reduce risks to public safety.
“Reducing the maximum validity period for employment authorization will ensure that those seeking to work in the United States do not threaten public safety or promote harmful anti-American ideologies,” he said.
USCIS also argued that shorter validity periods would enable more frequent vetting to deter fraud and identify individuals with potentially harmful intent.
The plaintiffs have challenged the rule in the U.S. District Court for the Central District of California, alleging the policy’s real aim is to undermine the ability of lawful immigrants to support themselves.
The lawsuit claims the administration’s rationale is “embarrassingly obvious,” asserting the rule is an indirect attempt to eliminate work permits for H-1B spouses altogether by creating processing burdens and imposing what it calls pretextual biometric requirements.
The case adds to the broader legal and political debate surrounding immigration enforcement and work authorization policies under the administration of Donald Trump, as affected families warn the change could force thousands out of jobs despite lawful status and pending applications.