Trump may end H-1B, L-1 Visa auto-renewal extension amid immigration crackdown

The extension period for H-1B and L-1 work visas, introduced under the Biden administration, may soon be revoked as former President Donald Trump returns to the White House. Two Republican Senators have introduced a resolution to overturn the rule, calling it a threat to immigration enforcement.

Proposed Reversal of Work Visa Rule

On January 31, Republican Senators John Kennedy and Rick Scott introduced a resolution under the Congressional Review Act to repeal the Biden-era policy that extended automatic work permit renewals from 180 days to 540 days. The Department of Homeland Security (DHS) had finalized this rule on January 13, 2025, citing delays in work permit processing. The extension benefits immigrants, refugees, green card holders, and spouses of H-1B and L-1 visa holders—many of whom are Indian professionals working in the U.S.

Concerns Over Immigration Enforcement

Senator Kennedy criticized the rule, arguing that it weakens immigration enforcement and compromises national security. “Automatically extending work permits for immigrants to 540 days undermines efforts to enforce immigration laws,” he stated. Senator Scott echoed this sentiment, accusing the Biden administration of enabling illegal immigration and prioritizing foreign workers over American citizens.

Impact on Indian Professionals

The potential rollback is particularly significant for Indian workers, who account for a large share of H-1B visas. In 2022, Indians received 77% of the 386,000 H-1B visas issued. Additionally, in FY 2024, nearly 49,700 Indians obtained U.S. citizenship or green cards.

Biden Administration’s Justification

The DHS introduced the extension in December 2024 to address work permit renewal delays and prevent employment gaps for businesses. DHS Secretary Alejandro Mayorkas defended the rule, stating that since January 2021, the U.S. economy has created over 16 million jobs, and the policy helps businesses fill workforce shortages.

What’s Next?

If the resolution passes, the automatic extension of work permits will revert to the original 180-day period, potentially affecting thousands of professionals waiting for their renewals. The move signals a renewed focus on stricter immigration policies under the Trump administration.