US Senators push to roll back 540-day work permit extension for Green Card, H-1B spouses

Two prominent Republican Senators, John Kennedy and Rick Scott, have introduced a resolution to reverse a rule implemented during the Biden administration that extended the automatic renewal period for employment authorizations from 180 days to 540 days. This rule, finalized by the Department of Homeland Security on January 13, applies to a wide range of individuals, including immigrants, refugees, green card holders, and spouses of H-1B visa holders, many of whom are from India.

The resolution, introduced on Thursday, seeks to disapprove of the new regulation under the Congressional Review Act (CRA). The rule allows for automatic extensions of Employment Authorization Documents (EAD) for nearly a year and a half, potentially delaying the review of work permits. Senators Kennedy and Scott argue that the extension is detrimental to U.S. 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," said Senator Kennedy.


In a separate statement, Senator Scott criticized the Biden administration’s broader immigration policies, claiming they weakened US border security. "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," Scott said.

The two Senators warned that if Congress does not reverse the rule, it could complicate efforts to identify individuals living and working illegally in the US.