H-1B axe demanded by Republican lawmakers after DHS ends auto work-permit extensions

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H-1B axe demanded by Republican lawmakers after DHS ends auto work-permit extensions

Synopsis

The Trump administration's move to end 540-day automatic work-permit extensions has handed Republican hardliners a political opening — with one congressman already proposing a zero H-1B cap from 2027. With Indians making up the vast majority of the H-1B backlog and facing a projected 179-year green card wait, the stakes for India's tech diaspora could hardly be higher.

Key Takeaways

DHS finalised a rule on 14 October 2026 ending automatic EAD extensions of up to 540 days for timely renewal applicants in certain categories.
Congressman Greg Steube of Florida called for the H-1B programme to be ended entirely and urged passage of his EXILE Act (H.R.
7451) , which would set the H-1B cap at zero from FY 2027 .
Congressman Riley Moore of West Virginia called H-1B and OPT programmes 'scams', citing 500,000 H-1B holders displacing 650,000 US computer science graduates.
H-4 spouses of H-1B workers may face 'temporary lapses in employment authorisation', DHS acknowledged.
Democratic Congressman Josh Gottheimer is pushing to lift per-country green card caps, citing a projected 179-year wait for Indian applicants.
Indians account for an estimated 79% of those in the first three employment-based green card categories, according to NFAP .

Two Republican congressmen have called for the H-1B visa programme to be abolished entirely, days after the Trump administration finalised a rule ending automatic extensions of work permits for thousands of foreign workers and their spouses. The legislative push signals a hardening of sentiment on Capitol Hill against high-skilled immigration pathways that directly affect hundreds of thousands of Indian and Chinese workers in the United States.

The DHS Rule That Triggered the Calls

The rule was published by the Department of Homeland Security (DHS) in the Federal Register on 14 October 2026 and took effect the same day. It finalises an interim rule originally issued on 30 October 2025, which ended the automatic extension of Employment Authorisation Documents (EADs) for applicants who had filed timely renewal requests in certain categories.

Previously, a timely renewal application could keep a work permit valid for up to 540 days while it remained pending. DHS said ending the extensions 'enhances benefit integrity and prioritises the proper vetting and screening of aliens before granting a new period of employment authorisation.'

Commenters on the rule had warned that H-4 spouses of H-1B workers could face 'unavoidable work gaps'. DHS acknowledged that affected dependents 'may experience temporary lapses in employment authorisation' — a concession that stopped short of reversing the policy.

What Republican Lawmakers Are Demanding

Congressman Greg Steube of Florida responded to news of the final rule on X on 17 October 2026, writing: 'Amazing news! Now end the H-1B program entirely.' He followed with: 'Pass my EXILE Act and put American workers first.'

Steube is the sponsor of H.R. 7451, the Ending Exploitative Imported Labour Exemptions Act (EXILE Act), which would set the annual H-1B cap at zero from fiscal year 2027. Steube introduced the bill on 9 February; it was referred to the House Judiciary Committee the same day and has recorded no further action or votes.

A day before Steube's post, Congressman Riley Moore of West Virginia wrote: 'H-1B and OPT programs are SCAMS that undercut and replace American workers with cheap foreign labour.' Moore added: '650,000 Americans graduated with computer science-related degrees, but they're being replaced by the 500,000 H-1B visa holders who are mostly from China and India.' Moore cited the figures himself, and they have not been independently verified.

The Democratic Counter-Push

The Republican calls stand in stark contrast to a concurrent push from across the aisle. Democratic Congressman Josh Gottheimer of New Jersey has renewed his call to lift per-country caps on employment-based green cards, citing a projected 179-year wait for Indian applicants.

That figure comes from the National Foundation for American Policy (NFAP), an Arlington, Virginia-based research group, which also estimates that Indians make up 79% of people waiting in the first three employment-based green card categories. The divergence between the two camps underscores how fractured US immigration policy has become, with high-skilled visas now contested from both ends of the spectrum.

What This Means for Indian Workers

India is the single largest source of H-1B visa holders, with Indian nationals dominating both current H-1B approvals and the backlogged green card queue. The end of the 540-day automatic EAD extension creates immediate uncertainty for H-4 spouses — a group estimated in the hundreds of thousands — who could face gaps in legal work authorisation while renewals are processed.

Notably, the EXILE Act's zero-cap proposal remains far from passage, with no co-sponsors or committee action recorded. However, the DHS rule change is already in force, and its real-world impact on Indian-origin professionals and their families is expected to begin materialising in the coming months.

Point of View

No committee vote, no path to the floor. But the DHS rule change is real and already in force, and its immediate victims are H-4 spouses who did nothing wrong except marry an H-1B worker. What is striking is the bipartisan dysfunction: Republicans want to eliminate the programme; Democrats want to fix the green card backlog; and the people caught between these two poles — overwhelmingly Indian-origin — face a system that is simultaneously too restrictive and too backlogged to function. The 179-year wait figure is the most damning indictment of US immigration infrastructure in this story, and it is receiving far less attention than the political theatrics around a bill that has zero recorded votes.
NationPress
20 Oct 2026

Frequently Asked Questions

What did DHS change about work permit extensions for H-1B and H-4 holders?
DHS finalised a rule on 14 October 2026 that ends the automatic extension of Employment Authorisation Documents for people who filed timely renewal applications in certain categories. Previously, such a timely filing could keep a work permit valid for up to 540 additional days while the application was pending; that automatic buffer no longer applies.
What is the EXILE Act and what would it do?
The EXILE Act (H.R. 7451), formally the Ending Exploitative Imported Labour Exemptions Act, is a bill introduced by Congressman Greg Steube of Florida on 9 February. It would set the annual H-1B visa cap at zero from fiscal year 2027, effectively eliminating the programme. The bill has been referred to the House Judiciary Committee and has seen no further action or recorded votes.
How does the DHS rule affect H-4 spouses of H-1B workers?
H-4 visa holders — spouses of H-1B workers — who were previously eligible for EADs may now face gaps in their legal work authorisation if their renewal applications are not processed before their current permits expire. DHS acknowledged this risk, stating that affected dependents 'may experience temporary lapses in employment authorisation.'
Why are Indian workers particularly affected by US H-1B and green card policies?
Indian nationals are the single largest group of H-1B visa holders and account for an estimated 79% of applicants waiting in the first three employment-based green card categories, according to the National Foundation for American Policy. A per-country cap on green cards means Indian applicants face a projected wait of up to 179 years under current processing rates.
Is there any political push to help skilled foreign workers in the US?
Yes. Democratic Congressman Josh Gottheimer of New Jersey has renewed calls to lift per-country caps on employment-based green cards, specifically citing the 179-year wait estimate for Indian applicants. However, this effort runs directly counter to Republican-led proposals to reduce or eliminate H-1B visas altogether, reflecting a sharp congressional divide on high-skilled immigration.
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