H-1B Spouses Sue DHS for Ending H-4 EAD Extension

H-4 visa holders have filed a lawsuit against the Department of Homeland Security over a new rule that ended automatic work permit renewals. The move has triggered widespread concern among H-1B spouses dependent on Employment Authorization Documents.

Lawsuit Filed in California Court

The lawsuit was filed on January 8 in the Central District Court of California. The case challenges DHS for scrapping the 540-day automatic extension of H-4 Employment Authorization Document renewals. The policy was withdrawn in October last year.

Why the Extension Mattered

The automatic extension allowed H-4 visa holders to keep working while applications were pending. This system was introduced to address long processing delays caused by heavy backlogs at USCIS. Its removal has put many careers at risk.

Plaintiffs Call Rule Arbitrary

Plaintiffs argue that the DHS decision was rushed and arbitrary. They claim it violates rule-making requirements under the Administrative Procedure Act. Many H-1B spouses working in banks, accounting firms, and retail companies have already lost their legal right to work.

Policy Shift Ends Relief

Earlier, the automatic extension period was limited to 180 days. It was expanded to 540 days under Biden due to severe system backlogs. The Trump administration later removed this relief entirely.

DHS Cites Security Concerns

DHS has defended the move by citing national security and public safety concerns. However, the lawsuit argues that DHS already conducts continuous vetting. The plaintiffs say additional checks after EAD expiry do not justify the policy change.

More Legal Challenges Continue

This is not the only legal action against the Trump administration. Two additional lawsuits have been filed against the $100,000 fee imposed on H-1B workers. One case has been dismissed, while another filed by 20 US states is still pending.