Big blow for H-1B spouses as US tweaks work-permit rules

The US decision to end automatic extension of employment authorisation, which includes spouses of H-1B visa holders, from October 30 may lead to job losses, say experts.

Many of the thousands of spouses of H-1B visa holders might not be able to work after the expiry of their existing H4 Employment Authorisation Document (EAD) till they renew, said experts and added that these processes could be delayed.

In a note released on Wednesday, the Department of Homeland Security (DHS) said those who renew their EAD on or after October 30, 2025, will no longer receive an automatic extension of their EAD, and will need to file renewal applications within 180 days before their EAD expires.

The move is in line with the tightening immigration regulations in the US.

Apart from H4 dependents, dependents of J visa, those participating in the exchange visitor programmes, and student optional practical training (OPT), which allows students to work in the US, might also be impacted, experts said.

Since the US started giving EADs to spouses of H-1B workers, who are skilled professionals, in 2015, over 200,000 such documents have been issued to date, said Joel Yanovich, attorney at Murthy Law Firm.

According to data shared by Boundless Immigration, a US-based agency, 90% of the H-1B beneficiaries are Indians.

Sukanya Raman, country head of Davies & Associates, said one can apply for EAD extensions only before six months in case of H4 EAD and for OPT, it is 90 days. “With the government going slow on the adjudication, the processing time can go beyond a reasonable delay,” she said.

This would mean that many might lose jobs if they cannot work in the US legally. “It will cause a lot of job loss and, you know, until they are getting the EAD back,” Raman added.

Source: EconomicTimes
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