H-1B Spouses Take Legal Action Against New Work Permit Rule

A new H-1B spouses’ work permit lawsuit has put the US Department of Homeland Security (DHS) under legal scrutiny after it moved to end the automatic extension of employment authorization documents (EADs), a policy that had long allowed certain visa holders to continue working while their renewals were pending.

The lawsuit, filed by spouses of H-1B visa holders, challenges an interim final rule issued by DHS on October 29, 2025. The rule eliminates the practice of automatically extending EADs for eligible applicants who file renewal requests on time, a safeguard that previously helped prevent sudden job losses caused by bureaucratic delays.

According to the suit, the policy violates the Administrative Procedure Act, arguing that the government acted in an “arbitrary and capricious” manner and failed to demonstrate adequate legal justification for bypassing the standard notice-and-comment rulemaking process. Bloomberg first reported details of the legal challenge.

H-1B Spouses: Government Cites Security and Vetting Concerns

US Citizenship and Immigration Services (USCIS) defended the rule in October, framing it as part of a broader shift toward stricter screening and compliance.

“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,” USCIS Director Joseph Edlow said at the time.

Edlow described the move as a “commonsense measure” to ensure that employment authorization is granted only after all vetting requirements are fully completed. He also reiterated that working in the United States is a privilege rather than an entitlement under immigration law.

What the New Rule Changes

Under the revised framework, individuals seeking to continue working must file an EAD renewal application up to 180 days before their current authorization expires. USCIS warned that delays in filing could result in gaps in employment authorization, leaving workers legally unable to remain employed while their applications are processed.

“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 agency said.

For many families, however, those processing timelines are far from predictable.

Lawsuit Alleges Hidden Intent Behind Policy

The H-1B spouses’ work permit lawsuit argues that the stated justification of enhanced vetting masks a more damaging reality. According to the complaint, the administration’s “true rationale” is to strip lawfully present immigrants of their ability to financially sustain themselves.

The plaintiffs claim that although the government failed to formally eliminate work permits for H-4 visa holders, it has effectively achieved the same outcome by creating administrative bottlenecks and introducing what the lawsuit calls “pretextual biometric collections.”

By increasing processing burdens without adequate safeguards, the suit alleges, the rule places thousands of families at risk of sudden income loss and professional disruption.

H-1B Spouses: Why H-4 Visa Holders Are Especially Vulnerable

Spouses of H-1B visa holders are admitted to the US on H-4 visas. Their eligibility to work depends on their H-1B spouse progressing through key stages of the employment-based green card process.

For H-4 visa holders, renewal timelines are particularly tight. Their legal status and employment authorization must remain perfectly aligned with their spouse’s visa status, leaving little margin for administrative delay. Even short processing backlogs can result in forced work stoppages, job terminations, and long-term career setbacks.