Trump may revoke the extended auto-renewal for H-1B and L-1 work permits

Former President Biden passed a ridiculous rule that allows illegal aliens to keep jobs in the United States for over a year without authorisation, said Republicans

 Two Republican Senators on Friday introduced a resolution to roll back a Biden-era rule that extended the automatic renewal period for employment authorisation from 180 days to 540 days.

 

The rule, which the US Department of Homeland Security finalised on January 13, applies to a broad group of individuals, including immigrants, refugees, green card holders, and the spouses of H-1B visa and L-1 visa holders. The extension has been particularly beneficial for many Indian nationals who rely on these work authorisations.

 

Republican challenge to work permit extension

 

Senators John Kennedy and Rick Scott introduced the resolution on Thursday under Congressional Review Act procedures, seeking to reverse the rule.

 

“The Biden administration's dangerous rule automatically extended work permits for immigrants to 540 days. Giving immigrants more time to avoid reporting to US officials hampers the Trump administration's efforts to enforce our immigration laws and keep Americans safe,” said Kennedy.

 

Scott accused the Biden-Harris administration of attempting to dismantle the US immigration system while allowing unvetted individuals to cross the border.

 

“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 authorisation. That’s insane, and it undermines President Trump's mandate and efforts to secure the border and put Americans' interests first,” said Scott.

 

The Senators warned that if the rule remains in place, the Trump administration may struggle to track individuals living and working illegally in the US.

 

What are the H-1B, H-4, L-1, and L-2 visas?

 

H-1B visa: A non-immigrant visa that allows US employers to hire foreign professionals in specialised fields, such as technology, engineering, finance, and architecture. A bachelor’s degree or higher is generally required. The US tech sector heavily relies on H-1B visa holders.

 

H-4 visa: Issued to the dependants of H-1B visa holders, including spouses and unmarried children under 21. Some H-4 visa holders may be eligible for work authorisation under certain conditions.

 

L-1 visa: Used by multinational companies to transfer employees from overseas offices to US branches. It is divided into:

L-1A: For executives and managers, with a maximum stay of seven years.

L-1B: For specialised knowledge employees, with a maximum stay of five years. This visa permits "dual intent," allowing holders to apply for permanent residency while in the US.

 

L-2 visa: Issued to dependants of L-1 visa holders, including spouses and unmarried children under 21. Many L-2 visa holders qualify for work and study opportunities in the US.

 

How Indians benefited from the rule

 

The automatic extension of work permits has been especially beneficial for Indian nationals, who make up a large proportion of visa holders in these categories.

 

In 2023, the US issued 76,671 L-1 visas and 83,277 L-2 visas. While nationality-specific data is not available, Indian professionals dominate these visa categories, particularly in the IT and corporate sectors.

Indians also accounted for 72% of all H-1B visas in the 2023 financial year. In 2024, they made up 72.3% of the 386,000 H-1B visas issued, according to the Migration Policy Institute.

While the exact number of H-4 visas issued to Indians is not disclosed, the high proportion of Indian H-1B visa holders suggests a significant overlap.

 

With Republicans pushing to reverse the automatic renewal rule, thousands of foreign workers, particularly Indian nationals, could face uncertainty regarding their employment authorisation in the US.