A new lawsuit filed by the spouses of H-1B visa holders has challenged the new US rule of ending the automatic extension of work permits. On October 29, 2025, the US Department of Homeland Security issued an interim final rule that ends the practice of automatically extending EADs for certain individuals who apply for renewal.
The lawsuit said it violated the Administrative Procedure Act because it was arbitrary and capricious and failed to establish good cause for skipping notice and comment rulemaking, Bloomberg reported. The intention behind the new rule was more screening and vetting, the USCIS said in October. “USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritized aliens’ convenience ahead of Americans’ safety and security,” said USCIS director Joseph Edlow.
“It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended.
All aliens must remember that working in the United States is a privilege, not a right.”Under the new rule, individuals have to seek a timely renewal by properly filing a renewal application up to 180 days before their EAD expires. The longer an alien waits to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorization or documentation, the USCIS said.
The lawsuit said the true rationale behind the move is embarrassingly obvious. “The administration’s true rationale, stripping the ability of people lawfully in the US to sustain themselves, is embarrassingly obvious,” it said.Although it failed to complete a rule ending work permits entirely for H-1B spouses, the administration “accomplished the same end by creating processing burdens, and pretextual biometric collections,” according to the suit.Spouses of H-1B visa holders are admitted on H-4 visas to the US. They can only seek work permits after their spouse on an H-1B visa completes the initial steps to secure a permanent immigrant visa. For H-4 visa holders, the timeline for renewing can be even tighter because their legal status and employment authorization must coincide with their spouse’s status.
