Indian-Origin H-4 Visa Holders Sue Trump Over EAD Rule, Fear Massive Job Losses
Indian H-4 Visa Holders Sue US Over Work Permit Rule Change

A significant legal challenge has been mounted against a recent US immigration policy shift that threatens the livelihoods of thousands of Indian professionals. A group of seven Indian-origin individuals, all holding H-4 dependent visas, have taken the Trump administration to court over its decision to terminate the automatic extension of Employment Authorization Documents (EADs).

The Lawsuit and Its Core Arguments

The complaint was officially filed on January 8 in the US District Court for the Central District of California. The plaintiffs, who are spouses of H-1B professionals with approved green card applications, are seeking nationwide relief. They argue that the Department of Homeland Security's (DHS) interim final rule issued in October 2025, which ended the auto-extension mechanism, is arbitrary, unlawful, and devoid of proper public consultation.

The lawsuit contends that this abrupt change will directly lead to widespread job losses. This is primarily due to the well-documented and chronic processing delays at the US Citizenship and Immigration Services (USCIS). Several plaintiffs have already lost their work authorization or are on the brink of being forced out of their jobs, despite having submitted their renewal applications well within the stipulated time frame.

A History of Protections Now Revoked

Represented by attorneys Justin Tseng and Jonathan D. Wasden, the plaintiffs point to a history of USCIS acknowledging its own delays. Following a class-action settlement, USCIS had initially introduced a system where EADs received an automatic extension of up to 180 days from their expiry date under a 2016 rule. This was a critical buffer allowing spouses to continue working while renewals were processed.

In a move to address severe backlogs, USCIS temporarily increased this automatic extension period to 540 days in spring 2022. This extended protection was made permanent effective January 2025, specifically to prevent job disruptions. However, in a stark reversal, the DHS issued the interim final rule in October 2025, abruptly terminating the entire automatic extension framework. The lawsuit states that the Trump administration's rollback "revives the very disruption the earlier rule was meant to address."

The Practical Crisis for H-4 Spouses

The legal filing explains the precarious position of H-4 visa holders. They can only file for EAD renewal within 180 days before their current permit expires. Crucially, this timeline is often not in their control. An H-4 spouse's status extension is tied to the primary H-1B worker's petition. Any delay by the employer in filing the H-1B extension automatically shrinks the window available for the dependent spouse to file for their work permit renewal.

The plaintiffs argue that even when applications are filed at the earliest possible date, USCIS processing delays routinely exceed 180 days. Without the safety net of an automatic extension, job loss becomes inevitable for those waiting for renewal approval. Reports indicate this rule could adversely impact as many as one lakh Indian spouses, a majority of whom are women.

The Trump administration has defended the policy rollback on grounds of national security and public safety, citing a need for additional vetting. The lawsuit, however, dismisses this rationale as a "pretext." It argues that DHS already operates continuous, real-time vetting systems for immigrants and that the government has failed to show any link between automatic EAD extensions and security threats.

In their plea, the plaintiffs have requested the court to strike down the interim rule, restore the automatic EAD extension framework, and prevent DHS from enforcing the withdrawal of this critical mechanism across the United States.