Two Republican senators have proposed a plan to cancel a rule created by the Biden administration. This rule extended the automatic renewal period for work visas, like the H-1B and L-1, from 180 days to 540 days. The rule has helped immigrants, especially Indians, who work in the US. However, some lawmakers strongly disagree with this rule and want to change it.
What the rule did and who it affected
The rule, introduced by the Department of Homeland Security (DHS) on January 13, 2025, affects many people, including immigrants, refugees, green card holders, and spouses of H-1B and L-1 visa holders. It was created to help with delays in renewing work permits, which have been a big problem for many. The rule is especially important for Indian workers, as they make up most of the H-1B visa holders in the US. In fact, Indians received 72.3% of the 386,000 H-1B visas given out in the US, and this number increased to 77% in 2022. The rule has also helped Indians who want to stay in the US, as they became the second-largest group to get US citizenship or green cards in 2024, with 49,700 people achieving this.
Opposition from Republican Senators
On January 31, 2025, Senators John Kennedy and Rick Scott introduced a resolution under the Congressional Review Act, aiming to reverse the rule. Kennedy criticised the extension, calling it a "dangerous rule" that weakened immigration enforcement. He said, "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."
Scott also condemned the policy, arguing that it allows illegal immigrants to keep their jobs without proper authorization. He said, "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."
DHS defends the rule
The Department of Homeland Security (DHS) first introduced the extension in December 2024 because there were delays in processing work permits. The rule officially started on January 13, 2025, and applied to applications submitted after May 4, 2022. DHS Secretary Alejandro N. Mayorkas defended the rule, saying that since January 2021, the US economy has created more than 16 million jobs, and the DHS is helping businesses fill those jobs. The Biden administration believes that the extended renewal period helps employers avoid gaps in employment and reduces delays in the process.