More than ten US senators on Friday (local time) challenged a Donald Trump administration rule that ends automatic renewals of work permits for "certain noncitizens", a policy change that could sharply affect Indians—especially spouses of H-1B visa holders.
This comes amid a 20-state lawsuit challenging the Trump administration's $100,000 H-1B visa fee for highly skilled foreign workers.
Senator Alex Padilla, a Democrat from California and a ranking member of the Senate Judiciary Immigration Subcommittee, joined ten other senators in bringing up a Congressional Review Act (CRA) resolution to reverse an October 30 rule issued by the US Citizenship and Immigration Services (USCIS).
The @DHSgov published an interim final rule announcing the end of automatic extensions of employment authorization documents (EADs) for aliens who timely apply to renew their EAD in certain employment authorization categories.
— USCIS (@USCIS) October 29, 2025
This change prioritizes the proper vetting and… pic.twitter.com/PYjMlYK1wF
According to the USCIS interim final rule, automatic renewals of work permits were stopped for 18 different categories of noncitizens. This includes refugees, those granted asylum and temporary protected status, and spouses of certain categories of H-1B holders.
The senators also said that the October 30 rule would also force certain noncitizens to stop working till the USCIS processed their renewed work permits—even if they submitted a renewal request on time.
Before this USCIS rule, if people living legally in the US filed a work permit renewal request on time, they would automatically get a work permit extension to ensure they don’t lose their authorisation amid the renewal process.
"[This] is disrupting our entire national economy and devastating employers who rely on their contributions," Senator Padilla said, calling it a "self-defeating rule".
"People who have already been screened and authorised to work should be able to keep working, plain and simple," he added.
The 20-state challenge
The 20-state lawsuit, led by California, challenges the Trump administration's $100,000 H-1B visa fee for highly skilled foreign workers who wish to enter and work in the US after September 21.
The lawsuit, filed in a Boston federal court, stated that the visa fee hike was a violation of federal law, and that Trump lacked the power to impose it.
Trump’s unlawful new $100,000 H1-B visa fee could cause staffing shortages for teachers, physicians, researchers, nurses and other vital workers, endangering CA’s ability to provide critical services.
— Rob Bonta (@AGRobBonta) December 12, 2025
We’re suing.
The Trump Administration thinks it can wildly raise these fees… pic.twitter.com/h4CYC8MYp9
According to those federal laws, immigration authorities can only collect fees necessary to cover costs incurred during various stages of the visa process. Currently, employers typically pay $2,000-5,000 in visa fees.
"Trump’s unlawful new $100,000 H-1B visa fee could cause staffing shortages for teachers, physicians, researchers, nurses and other vital workers," declared California Attorney General Rob Bonta in an X post announcing the lawsuit.
