Trump Administration Might Scrap Extension Of H-1B And L-1 Work Permits, Impact On Indians

Amid growing concerns over the status of Indian professional employed in the United States, two Republican senators have introduced a resolution under the Congressional Review Act procedures, seeking to revoke the extended renewal period of work permits. The move has sparked fresh debates over the immigration policies and its impact on foreign nationals, particularly Indians.

On January 13, the US Department of Homeland Security (DHS) approved an extension of the automatic renewal period for employment authorization from 180 days to 540 days. The approval was widely appreciated by the immigrants, refugees, green card holders and spouses of H-1 B and L-1 visa holders. The move was a much-needed relief for foreign professionals as it allowed them to keep their job in the U.S. without applying for renewal on a regular basis.

However, the decision received strong opposition from several Republican lawmakers for undermining immigration enforcement. Senators John Kennedy and Rick Scott introduced the resolution to revoke the extension rule, citing concerns over national security.

"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," argued Kennedy.

The senators further claimed that the extension rule hinders the Trump administration's ability to monitor the immigrants, and track potential violations of immigration laws.

Before delving into the potential impact of this resolution on Indian workers, let us understand about different types of work visas issued by the U.S. government.

H-1B visa - It allows U.S. employers to recruit foreign professionals for specialized roles in technology, architecture, engineering, and finance.

H-4 visa - It is issued to the dependents of H-1B visa holders, including their spouses and unmarried children under the age of 21.

L-1 visa - It enables U.S. companies to transfer employees from overseas offices to their U.S. branches. It is further divided into two categories

L-1A - This visa is issued to managers and executives, allowing them to stay for a maximum of seven years.

L-1B - This allows specialized knowledge employees to stay for a maximum of five years in the U.S. and provides them an opportunity to apply for permanent residency.

L-2 visa - It is issued to the dependents of L-1 visa holders, including their spouses and unmarried children under the age of 21. Such visa holders can also apply for jobs and pursue education in the U.S.

How Does This New Resolution Impact Indians ?

Indian nationals constitute a significant portion of visa holders in the U.S. In 2023 alone, the U.S. issued 76,671 L-1 visas and 83,277 L-2 visas. Notably, of the total H-1B visas issued by the U.S. government, 72 per cent were granted to Indians. Meanwhile in 2024, the Indian professionals represented 72.3 per cent of the 386,000 H-1B visas issued, according to the Migration Policy Institute.

These statistics indicate the critical role of these visas in the employment opportunities for Indians in the U.S. If the proposed resolution comes into effect, numerous Indian professionals may face employment instability as they have to apply for renewals frequently, increasing the risk of job loss.