Trump May End H-1B, L-1 Visa Auto-Renewal Extension

Recent developments indicate that the U.S. government is considering revoking an extension of the automatic renewal period for work permits, a change that could significantly impact H-1B and L-1 visa holders.

Background on the Extension

In January 2025, the Department of Homeland Security (DHS) finalized a rule extending the automatic renewal period for Employment Authorization Documents (EADs) from 180 days to 540 days. This extension was designed to prevent employment gaps for immigrants, refugees, green card holders, and spouses of H-1B and L-1 visa holders awaiting the processing of their work permit renewals.

Proposed Reversal

On January 31, 2025, Republican Senators John Kennedy and Rick Scott introduced a resolution under the Congressional Review Act to overturn this rule. They argue that the extension undermines immigration enforcement and national security by allowing immigrants to work for extended periods without proper authorization. Senator Kennedy stated, "Automatically extending work permits for immigrants to 540 days undermines efforts to enforce immigration laws."

Potential Impact on Indian Nationals

Indian professionals, who constitute a significant portion of H-1B and L-1 visa holders, could be disproportionately affected by this potential policy change. In 2023, Indian nationals received approximately 72% of all H-1B visas issued. The extension has been particularly beneficial for these individuals, providing them with job security while awaiting work permit renewals. Revoking the extension could lead to employment disruptions and financial instability for many.

Next Steps

If the resolution passes, the automatic extension period for work permits will revert to 180 days. This change would require affected individuals to plan accordingly to avoid potential employment gaps. The situation remains fluid, and those impacted should stay informed about further developments.