Seven H-1B spouses win as US court sets aside end of automatic EAD extensions

A US district court has set aside an interim final rule issued by the Trump administration in Oct 2025 that ended automatic extensions of employment authorisation documents (EADs). However, the relief is limited only to the seven plaintiffs who had challenged the rule and does not apply nationwide.TOI had earlier reported that seven H-4 visa holders (spouses of H-1B professionals with approved green card applications) had approached the district court, arguing that the abrupt withdrawal of automatic EAD extensions, without public consultation, could lead to widespread job losses amid chronic processing delays at the US Citizenship and Immigration Services (USCIS).More than a lakh Indian spouses, largely women, hold EADs. A 2016 rule introduced automatic extensions of up to 180 days beyond the expiry of an EAD, allowing eligible spouses to continue working while their renewal applications were processed. In spring 2022, USCIS temporarily increased the extension period to 540 days. The extended period was made permanent from Jan 2025 to prevent employment disruptions caused by processing delays. However, in Oct 2025, the Department of Homeland Security (DHS) abruptly ended the automatic-extension mechanism through an interim final rule.The lawsuit had argued that H-4 spouses can apply to renew their EADs only within 180 days of the expiry of their existing work permits. Since an H-4 spouse’s status extension must be filed alongside the H-1B worker’s extension, any delay by the employer in filing the H-1B application can further reduce the dependent spouse’s renewal window.The plaintiffs also pointed to USCIS processing delays that routinely exceed 180 days, arguing that the absence of automatic extensions could make job loss unavoidable for many H-4 EAD holders.In an order dated Sept 10, 2026, the US district court (Central District of California) granted a preliminary injunction in favour of the seven plaintiffs. The court held that DHS had failed to follow the procedure required under the Administrative Procedure Act (APA) when introducing the rule.The government had justified the move on national security grounds, arguing that automatic extensions could allow individuals to continue working before background checks and eligibility reviews were completed.Judge David O. Carter held that DHS had not demonstrated the emergency circumstances required to bypass the usual notice-and-comment process. The district court noted that the government already had continuous-vetting mechanisms. It also found that DHS had not adequately considered the interests of H-4 EAD holders, their families and employers.Jonathan Wasden, the immigration litigation attorney representing the plaintiffs, said the ruling rejected both the government’s claimed emergency and its failure to meet the substantive requirements of rulemaking. “This means that the final rule the government has been hinting at in recent months is dead on arrival,” he added. However, in the absence of a nationwide injunction, other H-4 visa holders seeking the same benefits will need to approach the court.