Trump might revoke extension of H-1B, L-1 visa auto-renewal

The extension period of work visas like H-1B and L1, increased by the previous Biden administration, might come to an end sooner than later. Two Republican Senators introduced a resolution seeking to overturn a Biden-era rule that extended the automatic renewal period for employment authorisation from 180 days to 540 days. This is amid a severe clampdown on immigration and strict work visa rules in the US under US President Donald Trump.

The rule, finalised by the Department of Homeland Security (DHS) on January 13, 2025, applies to a wide range of individuals, including immigrants, refugees, green card holders, and the spouses of H-1B and L-1 visa holders. It has been particularly beneficial for Indians on work visas in the US, as it addresses delays in work permit renewals.

This is especially concerning for Indians, who obtained 72.3% of the 386,000 H-1B visas issued in the US, and in 2022, this number was 77%. Indians have also become the second-largest group to obtain US citizenship or Green Cards in FY 2024, with 49,700 people.

Senators John Kennedy and Rick Scott proposed on January 31 the resolution under the Congressional Review Act, aiming to reverse the rule. Kennedy criticised the measure as a "dangerous rule" that undermines strict immigration enforcement.

“The Biden administration's rule automatically extends work permits for immigrants to 540 days. This hampers efforts to enforce immigration laws and compromises the safety of Americans,” Kennedy stated.

Scott also condemned the move, accusing the Biden-Harris administration of attempting to dismantle the US immigration system. “Allowing illegal aliens to keep jobs in the United States for over a year without authorisation is absurd. It undermines efforts to secure the border and prioritise American workers,” Scott argued.

The Senators claimed that without reversing the rule, it would become more difficult to identify illegal immigrants within the US.

The DHS initially introduced the extension in December 2024, citing long processing delays in work permit renewals. The policy officially took effect on January 13, 2025, and increased the automatic renewal period to 540 days for applications submitted on or after May 4, 2022.

Defending the policy, DHS Secretary Alejandro N. Mayorkas said, “Since January 2021, the American economy has created more than 16 million jobs. The Department of Homeland Security is committed to helping businesses fill those roles.”

The Biden administration has maintained that the extended renewal period reduces bureaucratic barriers for employers and prevents employment gaps caused by backlogged processing times.