Los Angeles, California, USA: An order released by U.S. Citizenship and Immigration Services (USCIS) in October eliminated automatic work authorization extensions for H-1B spouses, even as processing delays continue to grow.

Spouses of several H-1B visa holders have filed a lawsuit against the Department of Homeland Security (DHS), contesting a directive that terminated the automatic renewal of employment authorization for immigrants whose applications are still under review.

The interim final rule issued by DHS in October 2025 brought an end to the automatic extension of Employment Authorization Documents, commonly referred to as work permits, for specific immigrant groups. This included H-4 visa holders, who are the spouses of H-1B specialty occupation workers.

Under the previous system, spouses who submitted renewal applications on time were granted an automatic extension of their work authorization while USCIS processed their cases. This policy helped avoid employment interruptions caused by long adjudication backlogs. However, the revived policy under the Trump administration removed this safeguard, citing concerns related to national security.

In the original directive, USCIS Director Joseph Edlow stated, "Shortening the maximum validity period for employment authorization will help ensure that individuals seeking employment in the United States do not pose risks to public safety or advance harmful anti-American ideologies."

The order further explained that limiting validity periods for certain categories would require more frequent background checks. According to USCIS, increased vetting would strengthen efforts to prevent fraud and identify individuals who may present security concerns, allowing authorities to take appropriate removal actions when necessary.

The plaintiffs challenged the directive by filing a case in the U.S. District Court for the Central District of California. In their complaint, they argued that the administrations real motive was clear, accusing it of deliberately removing the ability of lawfully present immigrants to financially support themselves.

The lawsuit also claimed that the policy functions as an indirect strategy to eliminate work authorization for H-1B spouses altogether by imposing excessive administrative hurdles and unnecessary biometric requirements.