Washington: The Trump administration has proposed changes to the processing of certain US work visa extensions and finalised a separate rule ending automatic extensions of employment authorisation documents (EADs). The measures could affect Indian professionals working in the United States, particularly H-1B visa holders and their spouses on H-4 visas who are waiting for renewed work permits.
The Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) announced the two measures, which address how immigration extension applications are assessed and how long certain employment authorisations remain valid while renewal applications are pending.
Proposed Change to Visa Extension Approvals
Under the proposed rule, DHS seeks to remove a regulation requiring USCIS to generally defer to a previous approval when reviewing an extension petition involving the same facts.
The provision, introduced in December 2024, applies to certain employment and stay extension requests, including those involving H-1B and L-1 visa holders.
DHS said the proposed change would reinforce the responsibility of applicants and petitioners to demonstrate eligibility for immigration benefits. The department argued that relying on earlier approvals could make it more difficult to identify errors or detect fraudulent applications.
To support its position, DHS cited USCIS site-visit data comparing cases from different periods. For H-1B extension cases, the combined rate of non-compliance and/or fraud among sites visited was 22.39% during fiscal years 2022–2025, compared with 16.77% during fiscal years 2018–2020.
For L-1A extension cases, the corresponding figures were 24.46% and 18.37%, respectively. These figures relate to sites visited by officials and should not be interpreted as fraud rates for all visa holders or extension applications.
According to data cited in the proposal, an average of 208,429 extension petitions annually during fiscal years 2022–2025 fell into the category generally covered by the deference provision.
The proposal is subject to public consultation, with a 30-day period for comments following publication. It is not yet a final rule.
Automatic Work Permit Extensions to End
Separately, DHS has finalised a rule reaffirming the end of automatic extensions of EADs for certain applicants who submit renewal applications on time.
The interim rule was issued on October 30, 2025, and the final rule is scheduled to take effect upon publication, according to the announcement.
Previously, eligible applicants in certain categories could receive an automatic extension of their work authorisation for up to 540 days while USCIS processed a timely renewal application. Under the new policy, filing a renewal application alone will no longer provide that automatic extension for the affected categories.
The change could create employment gaps for people whose existing permits expire before their renewed documents are issued.
Impact on Indian H-4 Visa Holders
Indian nationals account for a substantial share of H-1B visa holders and H-4 spouses with employment authorisation in the United States. As a result, Indian families could be among those affected by the changes.
H-4 spouses of certain H-1B workers may apply for employment authorisation if they meet the applicable eligibility requirements. During public consultation, several commenters raised concerns that renewal processing times could exceed recommended filing timelines, leaving applicants unable to work while waiting for approval.
They warned that interruptions in employment could lead to lost income, disruption of health insurance and difficulties maintaining household expenses. Commenters also noted that women make up a large proportion of H-4 EAD holders.
DHS responded that the rule does not remove the underlying eligibility of H-4, L-2 or other employment-based dependents to apply for work authorisation. However, the department acknowledged that affected applicants could experience temporary interruptions in employment and related financial and career consequences.
The department said ending automatic extensions would allow for additional screening and strengthen the integrity of the immigration system.
DHS Estimates Employment and Business Costs
DHS estimated that between 20,000 and 33,000 EADs could lapse during an 18-month period beginning in May 2027.
The department projected approximately $138.1 million in lost productivity for employers and $312.1 million in potential labour-turnover costs over that period. It estimated that between 1,700 and 2,800 employers could be affected.
The overall impact will depend on processing times, individual eligibility and whether applicants receive renewed authorisation before their existing documents expire.
For Indian professionals and their families, the key distinction is that the proposed change to visa-extension deference is still subject to public comments, while the separate EAD rule has been finalised. Affected workers and dependents will need to follow USCIS guidance on renewal timelines and applicable work authorisation requirements.
