H-1B, L-1 visa holders at risk as Trump administration moves to revoke Biden’s work permit extension, Impact on Indians?

Republican Senators John Kennedy and Rick Scott have introduced a resolution to overturn a Biden-era rule that extended the automatic renewal period for employment authorizations from 180 to 540 days. The rule, finalised by the US Department of Homeland Security (DHS) on January 13, has provided crucial support to immigrants, refugees, green card holders, and spouses of H-1B and L-1 visa holders.

For many foreign professionals, particularly Indian nationals, the extension has been vital for maintaining employment status in the US.

Republican opposition to the work permit extension

Kennedy and Scott filed the resolution on Thursday under the Congressional Review Act, aiming to reverse what they describe as a problematic policy.

“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,” Kennedy said.

The senators warned that maintaining the rule could hinder efforts to monitor individuals living and working illegally in the country.

What are H-1B, H-4, L-1, and L-2 visas?

• H-1B Visa: Allows US employers to hire foreign professionals in specialized fields like technology, engineering, and finance. A bachelor’s degree or higher is typically required, with the tech industry relying heavily on these visa holders.
• H-4 Visa: Issued to dependents of H-1B holders, including spouses and children under 21. Some qualify for work authorization under specific conditions.
• L-1 Visa: Enables multinational companies to transfer employees from overseas offices to US branches. It includes:
  • L-1A for executives and managers (up to 7 years stay).
  • L-1B for employees with specialized knowledge (up to 5 years stay), with the option to apply for permanent residency.
• L-2 Visa: Issued to dependents of L-1 visa holders, often allowing them to work and study in the US.

Impact on Indian professionals

Indian nationals, who make up a significant portion of visa holders, have benefited notably from the automatic extension. In 2023, the US issued 76,671 L-1 visas and 83,277 L-2 visas. While specific nationality data isn’t available, Indian professionals dominate these categories, especially in IT and corporate sectors.

Indians accounted for 72% of all H-1B visas issued in the 2023 fiscal year. In 2024, they represented 72.3% of the 386,000 H-1B visas granted, according to the Migration Policy Institute. Although the exact number of H-4 visas issued to Indian nationals isn’t publicly disclosed, the overlap is presumed to be significant due to the high proportion of Indian H-1B holders.