A new lawsuit filed by spouses of H-1B visa holders argues that a Department of Homeland Security rule that ends the automatic extension of foreigners’ work licenses with pending renewal applications is illegal and ought to be overturned, reports Bloomberg Law.
Andrew Kreighbaum, Immigration and Labor Reporter, covering employment-based immigration for Bloomberg Law, writes that a group of spouses of H-1B visa holders is challenging a DHS rule ending automatic extension of work permits.
Lawsuit Against EAD Rule
The U.S. had discontinued the automatic extension of Employment Authorization Documents (EADs) for foreign workers renewing their EAD in specific employment authorization categories. The Department of Homeland Security (DHS) announced an interim final rule, effective October 30, 2025, which required that the renewal process must now begin within 180 days before EAD expiration, instead of the previous allowance of 540 days.
“The suit in the Central District of California says DHS violated the Administrative Procedure Act and didn’t have legitimate reasons to issue the rule without public notice. The purported need for additional screening of immigrants was also false, the suit says, because the agency could already vet them for security concerns at any time,” said Kreighbaum.
The October interim final rule eliminating those work permit extensions violated the Administrative Procedure Act because it was arbitrary and capricious and failed to establish good cause for skipping notice and comment rulemaking, according to a complaint in the Central District of California, reported Bloomberg Law.
“The Trump administration in October eliminated those automatic renewals, a move that’s expected to force thousands of workers out of the labor force this year,” writes Kreighbaum in his LinkedIn account.
Employment Authorization Document
U.S. employers must ensure all employees, regardless of citizenship or national origin, are authorized to work in the United States. Having an Employment Authorization Document (Form I-766/EAD) is one way to prove that you are authorized to work in the United States for a specific time period.
EAD is required to be applied for by foreign workers for permission to work. To request an EAD, you generally must file Form I-765, Application for Employment Authorization. You will need to apply for an EAD if you are authorized to work in the United States because of your immigration status or circumstances (for example, you are an asylee, refugee, or U nonimmigrant) and need evidence of that employment authorization.
H-1B and Green Card Holders
You do not need to apply for an EAD if you are a lawful permanent resident. Your Green Card (Form I-551, Permanent Resident Card) is evidence of your employment authorization. You also do not need to apply for an EAD if you have a non-immigrant status that authorizes you to work for a specific employer incident to your status (for example, you are an H-1B, L-1B, O, or P non-immigrant).