Indian and other highly skilled foreign workers on H-1B and L-1 visa face risk amid speculation that President Donald Trump may revoke a Biden-era rule extending the work visa automatic renewal period from 180 days to 540 days.
On Jan. 13, 2025, the U.S. Department of Homeland Security (DHS) finalized a rule that permanently increased the renewal period. The extension has been particularly beneficial for many foreign professionals, especially Indian nationals, who depend on these work authorisations to maintain their employment status in the U.S.
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Two Republican Senators Rick Scott and John Kennedy have introduced a joint resolution of disapproval under Congressional Review Act (CRA) to overturn the rule which has garnered support from immigrant groups as it offers essential stability to skilled foreign workers.
“The Biden administration’s dangerous rule automatically extended work permits for immigrants to 540 days. Giving immigrants more time to avoid reporting to U.S. officials hampers the Trump administration’s efforts to enforce our immigration laws and keep Americans safe,” said Kennedy, a member of the Senate Judiciary Committee.
“The Biden-Harris administration worked for four years straight to dismantle our nation’s immigration system and open our southern border, allowing millions of illegal aliens to come across our border unvetted and unchecked. Then, in a last-minute move, former President Biden passed a ridiculous rule that allows illegal aliens to keep jobs in the United States for over a year without authorization. That’s insane, and it undermines President Trump’s mandate and efforts to secure the border and put Americans’ interests first. I’m proud to work with my colleagues to reverse this dangerous rule,” said Scott.
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The Biden administration’s rule applies broadly to immigrants, refugees, green card holders, aliens with temporary protected status, aliens who file for deportation suspensions, spouses of H-1B visa holders and more.
If Congress fails to reverse the Biden administration’s rule, the Trump administration may face more difficulty detecting those who live and work illegally in the U.S., the two senators said.