Automatic Renewal Of H1B Spouses Visa Can Stop; Renewal Can Be Slashed Back To 180 Days – Trak.in

Senators John Kennedy and Rick Scott, both Republicans from Louisiana and Florida respectively, introduced a resolution to overturn a Biden-era rule regarding the extension of work permit renewals.

Biden-era Rule Is At Risk 

Yes we are talking about the rule, which was put in place by the Biden administration, which extends the automatic renewal period for work permits for certain foreign nationals from 180 days to 540 days. 

This latest move reflects ongoing Republican concerns over immigration policies which were created under the Biden administration impacting the labor market and the broader economy. 

The senators have expressed their concerns regarding this as the rule may increase competition for jobs among U.S. citizens, especially in industries which are already facing worker shortages.

In case if this resolution is passed then it would cancel the rule and revert the renewal period back to the original 180 days.

This holds a great significance as it could impact thousands of immigrants, refugees, green card holders, and spouses of H-1B visa holders.

This comes under the Congressional Review Act (CRA) and is part of a broader push against the Biden administration’s immigration policies.

Calling It A Dangerous Rule 

While talking about this policy, Senator Kennedy criticized the extension, calling it a “dangerous rule” that undermines immigration enforcement. 

Adding, “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.” 

The same sentiment was echoed by Senator Scott taking aim at Biden’s overall immigration stance.

He said, “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.”

Further arguing that if the rule isn’t reversed, it could make it harder to track and identify individuals working illegally in the U.S.

Earlier, the Department of Homeland Security (DHS) had introduced the extension during December 2024.

Under this policy, the renewal period for eligible applicants—including spouses of H-1B and L-1 visa holders—will increase from 180 to 540 days for applications submitted on or after May 4, 2022 effective January 13, 2025.

 “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 the DHS Secretary Alejandro N. Mayorkas while defending the change.

According to the administration, extending automatic renewals reduces bureaucratic hurdles for employers and helps workers avoid employment gaps due to backlogged processing times.