Archive · 10 Jan 2026
H-1B Spouses Sue DHS Over Work Permit Rule
Some people who are married to H-1B visa holders in the U.S. are suing the government.
The government made a new rule that stops automatically extending work permits for people who are renewing them.
Before, people could renew their work permits up to 540 days before they expired.
Now, they have to start the renewal process within 180 days.
The spouses say this new rule is not fair and breaks the rules of how the government should make changes.
They also say the government didn't have a good reason to make this change without telling the public first.
The rule is supposed to start in October 2025.
Spouses of H-1B visa holders are suing DHS over a rule ending automatic work permit extensions.
The rule requires renewal applications to be submitted within 180 days before expiration, down from 540 days.
The lawsuit argues the rule violates the Administrative Procedure Act and was implemented without proper notice.
Plaintiffs claim the need for additional screening is false, as the agency could already vet immigrants for security concerns.
The rule is set to take effect on October 30, 2025.
- Who
- Spouses of H-1B visa holders
- What
- Sue DHS over a rule ending automatic work permit extensions
- When
- N/A (Ongoing lawsuit)
- Where
- Central District of California
- Why
- They argue the rule is illegal and violates the Administrative Procedure Act
- Rule Effective Date
- October 30, 2025
- Renewal Process Window
- 180 days before EAD expiration
- Previous Renewal Window
- 540 days
- Legal Challenge Basis
- Violation of the Administrative Procedure Act
- Plaintiffs
- Spouses of H-1B visa holders
- Defendant
- Department of Homeland Security (DHS)
- Court
- Central District of California