Tuesday, 02 January 2024 12:17 GMT

Another Blow To H-1B Workers In US: Trump Admin Ends 540-Day Automatic Work Permit Extension For Immigrants


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(MENAFN- Live Mint) In yet another setback for immigrants amid US President Donald Trump's wider immigration crackdown, the Department of Homeland Security (DHS ) on Tuesday (local time) issued a rule ending a grace period that previously permitted immigrants to keep working after their work authorisation expired while their renewal applications remained pending.

Trump ends extension window rule for immigrants: What we know

According to Bloomberg Law, the rule permanently puts an end to the automatic 540-day extension period that allowed eligible immigrants to keep working in the country while their permit renewals were pending. The extension, which was introduced under former President Joe Biden 's administration, was ended temporarily last year by DHS.

The latest measure will affect asylum seekers and spouses of H-1B workers, including Indians. The federal department said the move would allow officials to conduct background checks on applicants more frequently.

According to the report, the grace period was designed to provide security to immigrant workers who were at risk of being pushed out of work due to processing delays at US Citizenship and Immigration Services (USCIS ). However, under the Trump administration, the agency has made it harder for immigrants to retain or renew their work permits.

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By 30 June 2026, the number of work permit renewal applications pending at USCIS for six months had surpassed 432,000. This included over 91,000 permit renewals that had been pending for over 18 months. Foreign workers can apply to renew their documents only within 180 days of expiry.

In January, a group of H-4 visa holders sued the federal agency, arguing that the policy change violated the Administrative Procedure Act. In September, a California judge blocked the interim final rule from applying to those plaintiffs, finding that the agency had failed to meet procedural requirements or account for their reliance on the previous policy.

The final rule takes effect upon publication in the Federal Register on 14 October.

Trump admin cuts time to challenge refugee status revocation

Continuing with its crackdown on immigrants, the Trump administration announced another policy change, under which the time refugees have to contest the termination of their status has been cut to 10 days from the previous 30 days, AP reported. The change takes effect on Wednesday (local time).

Refugee advocates warned that the shorter deadline could make it difficult for those affected to find a lawyer and obtain the documents needed to challenge the decision, according to the report. The document stresses that the goal of the policy change is to“mitigate potential risks” associated with people who have been admitted to the country as refugees but were not eligible for refugee status.

While the policy did not specify how many people are expected to be affected, it singled out refugees admitted under the Biden administration, alleging an“alarming erosion of the integrity” of the refugee programme during his tenure. The Trump administration is reportedly reassessing the cases of at least 185,000 refugees admitted during Biden's presidency whose green card applications remain pending.

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Trump, who returned to the White House for a second term in January last year, made it clear that his administration would pursue a broader crackdown on immigration as part of his“Make America Great Again” and“America First” agenda.

Other measures he announced include suspending refugee admissions, restricting entry from certain countries, and introducing a $100,000 payment requirement for certain new H-1B petitions.

(with agency inputs)

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