Indian H-1B Spouses’ Work Rights Under Trump Rule Face Senate Scrutiny

Washington, Dec 13: A group of senior U.S. senators has introduced legislation to overturn a Trump era rule that ended automatic work permit renewals for certain noncitizens, a policy that disproportionately affects Indian spouses of H-1B visa holders.

The resolution, introduced under the Congressional Review Act (CRA), targets an interim final rule issued by the U.S. Citizenship and Immigration Services (USCIS) on October 30, 2025, which eliminated automatic extensions of Employment Authorization Documents (EADs) for 18 categories of noncitizens.

The initiative is led by Senator Alex Padilla (D-California), ranking member of the Senate Judiciary Immigration Subcommittee, and Senator Jacky Rosen (D-Nevada), along with nine other senators. Co-sponsors include Michael Bennet, Chris Coons, Catherine Cortez Masto, Dick Durbin, Angus King, Adam Schiff, Jeanne Shaheen, Chris Van Hollen, and Peter Welch.

Impact on H-1B Spouses and Indian Nationals

The Trump-era USCIS rule removes automatic work permit extensions for noncitizens, including H-1B spouses, individuals with asylum or temporary protected status, and refugees. Previously, those filing timely renewals could continue working while USCIS processed their applications. The new rule ends this safeguard, meaning applicants risk losing their work authorization if processing delays push past the EAD’s expiration.

Senators argue that the policy could affect 87% of all pending EAD renewals, forcing thousands of legally authorized workers, many of them Indian professionals, to stop working. H-1B spouses often hold positions in technology, healthcare, finance, education, and research, making uninterrupted work authorization critical for families and employers alike.

“The Administration’s self-defeating rule to deny automatic work permit extensions would force people who have already been vetted to lose their ability to keep working, causing unnecessary strain for immigrants and employers alike,” Padilla said.

Senator Rosen added, “This unfair rule change will create chaos, forcing thousands of immigrants with legal authorization to stop working or risk termination, hurting both families and the economy.”

Legislative Path Forward

Under the CRA, Congress can strike down recently finalized federal regulations by passing a joint resolution within a designated window. If approved by both chambers and signed into law, the USCIS rule would be invalidated, and the agency would be barred from issuing a similar policy in the future.