Will US Senators Overturn Trump's Rule Affecting Indian H-1B Spouses?
Synopsis
Key Takeaways
- US Senators propose to overturn a rule affecting work permits.
- The rule primarily impacts H-1B visa holders' spouses.
- Long processing delays can force noncitizens to stop working.
- The resolution aims to restore automatic renewal of work permits.
- Thousands of families risk financial instability due to this change.
Washington, Dec 13 (NationPress) A coalition of prominent US senators has put forth a legislative proposal in the Senate aimed at reversing a Trump administration regulation that terminates automatic renewals of work permits for specific noncitizens. This policy shift could significantly impact Indian nationals, especially the spouses of H-1B visa holders who represent a large segment of the affected workforce.
Senator Alex Padilla, a Democrat from California and the ranking member of the Senate Judiciary Immigration Subcommittee, along with Senator Jacky Rosen from Nevada and nine other colleagues, introduced a resolution under the Congressional Review Act (CRA) to annul the rule established by US Citizenship and Immigration Services (USCIS).
The interim final rule, revealed on October 30, abolishes automatic extensions of employment authorization documents for 18 categories of noncitizens. This includes refugees, individuals granted asylum or temporary protected status, and spouses of H-1B nonimmigrants — a category that encompasses many Indian nationals legally residing in the United States.
Work permits enable noncitizens with valid legal status to maintain employment. Senators endorsing the resolution argue that prolonged USCIS processing delays mean that individuals who submit renewal applications punctually could still be compelled to cease working while awaiting their cases, which can linger for months, through no fault of their own.
The senators assert that if enacted, this rule would affect 87 percent of all pending renewals for employment authorization documents. They caution that thousands of workers who have been thoroughly vetted and approved would be stripped of their employment rights simply because their renewal applications are ensnared in processing backlogs.
Prior to the changes made during the Trump administration, noncitizens who submitted their work permit renewal requests within the mandated timelines automatically received extensions, allowing them to continue working while USCIS processed their applications. The CRA resolution is designed to restore that prior policy.
“The campaign spearheaded by Donald Trump and Stephen Miller to marginalize noncitizens legally working here disrupts our national economy and undermines employers who rely on their contributions,” Padilla stated.
“The Administration’s counterproductive rule denying automatic work permit extensions would force individuals who have already been vetted to lose their ability to work, placing unnecessary strain on immigrants and employers alike. Individuals who have been screened and authorized to work should be allowed to continue their employment without interruption.”
Indian professionals and their families are particularly vulnerable to shifts in employment-based immigration policies in the United States.
Spouses of H-1B visa holders frequently find employment in sectors such as technology, healthcare, finance, education, and research, with household incomes often dependent on continuous work authorization. Lawmakers emphasize that this rule risks thrusting these families into sudden financial instability.
Rosen noted that the change would yield immediate economic repercussions. “Immigrants who work and contribute to our economy are essential to Nevada’s prosperity and are the backbone of the US economy,” she stated.
“This unjust rule modification by the Trump Administration will create turmoil — forcing thousands of legally authorized immigrants to halt work or be terminated by their employers. This will adversely affect our economy and harm countless families, hence I’m calling on my colleagues to support the reversal of this rule.”
The resolution is co-sponsored by Senators Michael Bennet of Colorado, Chris Coons of Delaware, Catherine Cortez Masto of Nevada, Dick Durbin of Illinois, Angus King of Maine, Adam Schiff of California, Jeanne Shaheen of New Hampshire, Chris Van Hollen of Maryland, and Peter Welch of Vermont.
Under the Congressional Review Act, Congress has the authority to overturn recently finalized federal regulations through a joint resolution of disapproval within a limited timeframe. If both chambers approve and the resolution is signed into law, it would invalidate the USCIS rule and prevent the agency from enacting a substantially similar regulation.