H-1B Spouses Sue US Homeland Security Over Work Permit Extension Rule

A group of spouses of H-1B visa holders has filed a lawsuit challenging a recent US Department of Homeland Security (DHS) regulation that limits automatic extensions of work permits. 

The plaintiffs argue the rule, introduced without proper public consultation, is unlawful and could force thousands of foreign workers out of the labour market. The case, filed in California’s Central District, disputes changes to the Employment Authorisation Document (EAD) system, which allows certain foreign nationals to work in the U.S. while awaiting renewal of their permits. 

Previously, individuals in some categories benefited from an automatic extension of up to 540 days while their applications were processed. However, a new interim rule, effective from October 2025, reduces this extension period to just 180 days.

The plaintiffs argue that DHS acted improperly by bypassing the required notice-and-comment procedure under the Administrative Procedure Act. They also contend that the agency’s rationale for the change, citing a need for more rigorous vetting, is unnecessary, as DHS already holds the authority to conduct security checks at any time.

This regulation, which stems from the Trump administration, has immediate consequences for many families who depend on EADs for employment. Without the automatic extension, foreign workers risk losing their jobs during the renewal process. 

Employers, especially those in sectors reliant on skilled immigrant labour, have warned that this could destabilise key industries. For spouses of H-1B visa holders, who often rely on EADs to pursue their own careers, the rule poses a direct threat to household stability.