Work permit for Indian H-1B spouses, green card applicants in US slashed to 180 days
Updated: Jan 31st, 2025
The short-lived good news for Indians lasted hardly a month as the 540-day extension period of employment authorisation and employment authorisation documentation might reverse to 180 days for green card aspirants and immigrants.
Republican Senators John Kennedy and Rick Scott have introduced a resolution under the Congressional Review Act (CRA) to overturn a Biden-era rule that extends the automatic renewal period for work permits from 180 days to 540 days, as per reports.
This measure, which aligns with a broader effort to challenge the Biden administration’s immigration policies, could affect thousands of immigrants, refugees, green card holders, and spouses of H-1B visa holders.
Introduced on Thursday, the resolution reportedly aims to nullify the new regulation under the Congressional Review Act (CRA). The rule grants automatic extensions of Employment Authorization Documents (EAD) for up to 18 months, potentially delaying the review process for work permits. Senators Kennedy and Scott contend that this extension undermines US immigration enforcement.
Kennedy reportedly called the Biden administration’s system a ‘dangerous rule’ which automatically extends work permits for immigrants to 540 days.
In December 2024, the US Department of Homeland Security (DHS) announced a final rule of permanently increasing the automatic extension period of employment authorisation and employment authorisation documentation from up to 180 days to up to 540 days for eligible noncitizens who file a timely request to renew their work authorisation.
The move aimed to prevent work interruptions due to processing delays. Spouses of H-1B visa holders (H-4 visa) seeking green cards and spouses of L-1 visa holders (L-2 visa) are eligible for work permits.
“Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them,” said Secretary of Homeland Security Alejandro N Mayorkas.
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