- A California court restored work authorization protection for seven H-4 spouses on September 10.
- The injunction is limited to the seven plaintiffs and does not create a nationwide remedy for pending renewals.
- Renewals filed on or after October 30, 2025 may lose automatic extension protection after card expiration.
A federal court in California restored work authorization protection for seven H-4 spouses on September 10, but left most Indian spouses under the existing renewal rules. The Central District of California acted after the spouses challenged a Department of Homeland Security rule issued on October 30, 2025.
The court’s preliminary injunction applies only to those seven plaintiffs. It does not provide a nationwide remedy for other people with pending renewals.
That limits the immediate effect. Many Indian spouses may still lose the ability to work when their cards expire, even if U.S. Citizenship and Immigration Services has not finished processing their applications.
The court’s ruling came through an Administrative Procedure Act challenge. It set aside the 2025 rule only for the spouses who brought the case.
Renewals filed after the cutoff remain exposed
The DHS rule ended automatic extensions for many employment authorization document renewal applicants. The change included H-4 spouses who file Form I-765 under category (c)(26).
A renewal submitted on or after October 30, 2025 generally does not preserve employment authorization while the agency reviews the case. In practical terms, the card may stop supporting employment on its expiration date unless another exception applies.
That can create a work gap. The risk remains even though the California order now protects the seven people who sued.
Before the rule took effect, a qualifying and timely renewal could extend work authorization for as long as 540 days. The older protection also depended on the applicant’s immigration documents, including the end date shown on the H-4 spouse’s I-94.
The September 10 order restored protection for the plaintiffs, not for every H-4 spouse with a pending renewal.
The usual application remains Form I-765, category (c)(26). The filing category identifies the employment authorization request, but the filing date determines which renewal framework may apply.
The filing date controls the practical result
| Renewal filing date | What may apply while the case remains pending | Employment document commonly reviewed |
|---|---|---|
| Before October 30, 2025 | Older protection may continue, typically for up to 540 days, subject to the I-94 end date | Expired card and receipt notice |
| On or after October 30, 2025 | The card may no longer support employment after expiration unless another exception applies | Current, unexpired authorization or another applicable basis |
A receipt notice alone does not produce the same result in both groups. Someone who filed before the cutoff may still rely on the earlier protection during the applicable period, while a later filer generally should assume work authorization ends when the card expires.
Employers reviewing continued employment may therefore need to distinguish between the two filing dates. An expired card paired with a receipt notice may support continued employment for an earlier filing, but employers typically cannot treat those documents as automatic proof for a renewal filed on or after October 30, 2025.
Eligibility still depends on the H-1B spouse
Certain H-4 spouses qualify for employment authorization when the H-1B spouse has an approved Form I-140. Eligibility may also arise when the H-1B worker qualifies for an extension under the American Competitiveness in the Twenty-First Century Act, commonly called AC21.
The court order did not change those underlying eligibility requirements. It addressed the 2025 rule through the seven plaintiffs’ case.
Applicants and employers also may encounter the issue during Form I-9 reverification. If a card expires before a renewal receives approval, the filing date and the documents supporting continued employment become central to the review.
The ruling was granted on September 10, 2026. By September 14, 2026, the reported relief remained limited to the seven plaintiffs and had not become a blanket restoration for all H-4 spouses.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
