US ends automatic work-permit renewals, green card backlog draws 63 lawmakers

• The US ends automatic work permit extensions, putting Indian H-4 spouses and green card applicants at risk of job disruptions

• 63 US lawmakers urge faster green card processing, citing delays that could leave immigrants without healthcare coverage

• The Trump administration’s $100,000 H-1B fee faces a separate legal challenge, adding uncertainty for Indian professionals

Indian H-4 visa holders and employment-based green card applicants in the United States face potential job disruptions after the Department of Homeland Security (DHS) ended automatic extensions of certain work permits, leaving affected workers at risk of losing employment while renewal applications remain pending.

The final rule, published in the Federal Register on 14 October under document number 2026-20955, formalises an interim regulation introduced on 30 October 2025. It removes automatic extensions of Employment Authorization Documents (EADs) for specified categories of applicants who file renewal applications on or after 30 October 2025.

Previously, eligible applicants could continue working for up to 540 days while their renewals were processed. Under the revised policy, filing a renewal application generally no longer allows them to work beyond their existing permit's expiry date.

The change is particularly significant for Indian families, many of whom depend on H-1B visas for employment and H-4 status for spouses. Eligible H-4 spouses can obtain work authorisation, but delays in renewing their permits could force them to stop working temporarily.

Employment-based green card applicants awaiting decisions on adjustment-of-status applications are also affected. Long-standing visa backlogs, particularly for Indian nationals, can increase the likelihood of renewal delays and employment gaps.

DHS says the policy strengthens immigration screening and ensures that applicants undergo appropriate eligibility checks before receiving renewed work authorisation. However, the change could disrupt workers' incomes, benefits and careers, while creating staffing challenges for employers.

The rule does not eliminate eligibility for work permits, and certain exceptions and separately authorised extensions remain available. The STEM Optional Practical Training and cap-gap provisions are not affected.

Separately, 63 members of Congress, led by Representatives Yvette Clarke and Adelita Grijalva, have urged US Citizenship and Immigration Services (USCIS) to expedite green card applications.

The lawmakers raised concerns that processing delays are leaving some lawfully present immigrants without access to healthcare coverage while they await permanent residency. They called for expedited processing for applicants facing imminent loss of coverage and better coordination among federal and state agencies.

Their appeal highlights how immigration backlogs can affect not only employment but also access to essential services.

Meanwhile, the Trump administration's $100,000 H-1B fee remains the subject of a separate legal battle in California.

US district judge Haywood S. Gilliam Jr. vacated the policies implementing the fee on 30 September, and the administration appealed to the Ninth Circuit on 9 October. A joint case management statement is due on 20 October, with a conference scheduled for 27 October.

The fee dispute is separate from the work-permit renewal rule but adds to uncertainty for employers and foreign professionals. Indian nationals account for the largest share of H-1B beneficiaries, making both developments particularly relevant to Indian workers and their families.

With automatic EAD extensions curtailed and green card backlogs continuing, affected applicants face growing pressure to secure timely renewal decisions to avoid employment interruptions.

With agency inputs