Two Republican Senators, John Kennedy and Rick Scott, have introduced a resolution aimed at striking down a Biden-era rule that extends the automatic renewal of work permits from 180 days to 540 days. The move, which could impact thousands of immigrants, refugees, green card holders, and spouses of H-1B visa holders, comes under the Congressional Review Act (CRA) and is part of a broader push against the Biden administration’s immigration policies.
The push to undo Biden's immigration rule
Senator Kennedy criticized the extension, calling it a "dangerous rule" that undermines immigration enforcement. "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," he said.
Senator Scott echoed the sentiment, taking aim at Biden’s overall immigration stance. "Then, in a last-minute move, former President Biden passed a ridiculous rule that allows illegal aliens to keep jobs in the United States for over a year without authorisation. That's insane, and it undermines President Trump's mandate and efforts to secure the border and put Americans' interests first," he stated.
The Senators argue that if the rule isn’t reversed, it could make it harder to track and identify individuals working illegally in the U.S.
The Department of Homeland Security (DHS) introduced the extension in December 2024, citing long processing delays affecting work permit renewals. Effective January 13, 2025, the renewal period for eligible applicants—including spouses of H-1B and L-1 visa holders—will increase from 180 to 540 days for applications submitted on or after May 4, 2022.
DHS Secretary Alejandro N. Mayorkas defended the change, stating, “Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them.”
The administration insists that extending automatic renewals reduces bureaucratic hurdles for employers and helps workers avoid employment gaps due to backlogged processing times.