US move to repeal rule extending work permit to 540 days

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US move to repeal rule extending work permit to 540 days

A new resolution has been introduced by lawmakers to repeal the Biden-era rule that extended automatic work permit renewals from 180 days to 540 days.

If successful, the move could affect immigrant workers, including green card applicants, refugees, and spouses of H-1B visa holders, who rely on the extended work permit period.

TravelBiz cites that if the resolution to repeal the extension succeeds, many immigrants who rely on the automatic work permit extension could face significant challenges.

This includes spouses of H-1B and L-1 visa holders who would lose work authorization if their permits expire during the renewal process.

For example, H-4 visa holders, who are only eligible for work permits if their H-1B spouse is pursuing a green card, could face financial hardship and job loss if their work permits expire before renewal. Similarly, reports state that L-2 visa holders would no longer automatically be able to work if the rule is repealed, even though delays in processing could still impact their ability to maintain employment.

In December 2024, the Department of Homeland Security (DHS) finalized a rule that extended the automatic work permit renewal period from 180 days to 540 days. The new rule, which went into effect on January 13th, 2025, was intended to address employment gaps for non-citizens waiting for their work permit renewals to be processed.

The H-1B visa program and workforce concerns

Reports cite that the H-1B visa program remains essential to the U.S. workforce, especially in sectors like technology, where skilled labour is in high demand and a repeal of the 540-day extension could force many skilled workers out of the job market and exacerbate labor shortages, particularly in industries that depend on foreign talent.

The immigration backlog and potential consequences

Further reports reveal that the U.S. immigration system is already struggling with a backlog of over 1.8 million employment-based green card applications. Without the 540-day extension, the backlog could worsen, leading to:

Increased employment gaps: Applicants might lose their jobs due to delays in work permit renewals.
Job security risks: Work permit expirations could force many immigrants out of the workforce.
Employer strain: Companies could face difficulties in maintaining a stable workforce and navigating administrative challenges.
Family instability: Families relying on work permits, such as spouses of H-1B workers, may face financial instability due to delays.

Who qualifies for the 540-day extension?

The 540-day work permit extension applies to applicants who meet specific conditions. To qualify, individuals must file their renewal application before their current work permit expires. The renewal must be under the same work authorization category as the previous permit or be based on Temporary Protected Status (TPS).

The extension affects several categories of non-citizens, including:

Adjustment of Status Applicants (C09)

Adjustment of Status Applicants (C09)” refers to individuals who are in the process of adjusting their immigration status to become a lawful permanent resident (green card holder) in the United States. These applicants are typically in the U.S. on a temporary visa and have applied to change their status to that of a permanent resident.