The Aporia
The Department of Homeland Security (DHS) has announced a new rule affecting H-1B visa holders and their spouses on H-4 visas, as well as asylum seekers in the US. Previously, these individuals were eligible for an automatic 540-day extension while awaiting work authorization renewals; however, this grace period is now being eliminated under the new rule. The change aims to allow more frequent vetting of applicants and is set to take effect after it's published in the Federal Register on October 14, with a 30-day public comment period following. As of June 30, over 91,000 work permit renewal applications had been pending for more than a year and a half at US Citizenship and Immigration Services (USCIS), highlighting potential delays that could affect those impacted by the rule change.
The measure released Tuesday makes permanent an interim final rule DHS issued last year doing away with a 540-day automatic extension period adopted under the Biden administration.
Ghosh, P. (2026, October 13). New rule for H-1B again? Visa extensions will be treated as fresh cases; asylum seekers and H-4 visa holders will also be affected. Times of India. https://timesofindia.indiatimes.com/world/us/new-rule-for-h-1b-again-visa-extensions-will-be-treated-as-fresh-cases-asylum-seekers-and-h-4-visa-holders-will-also-be-affected/articleshow/134926384.cms
Ghosh, Poulomi. “New rule for H-1B again? Visa extensions will be treated as fresh cases; asylum seekers and H-4 visa holders will also be affected.” Times of India, 13 Oct. 2026, https://timesofindia.indiatimes.com/world/us/new-rule-for-h-1b-again-visa-extensions-will-be-treated-as-fresh-cases-asylum-seekers-and-h-4-visa-holders-will-also-be-affected/articleshow/134926384.cms.
Ghosh, Poulomi. “New rule for H-1B again? Visa extensions will be treated as fresh cases; asylum seekers and H-4 visa holders will also be affected.” Times of India, October 13, 2026. https://timesofindia.indiatimes.com/world/us/new-rule-for-h-1b-again-visa-extensions-will-be-treated-as-fresh-cases-asylum-seekers-and-h-4-visa-holders-will-also-be-affected/articleshow/134926384.cms.
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