US: Senators from the are working to reverse the Trump order that affects Indian H-1B spouses
US: A group of powerful US senators have proposed legislation in the Senate to reverse a Trump administration rule that prohibits certain noncitizens from having their work permits automatically renewed. This policy change could have a significant impact on Indian nationals, especially spouses of H-1B visa holders, who make up a sizable portion of the affected workforce.
Along with Senator Jacky Rosen of Nevada and nine other senators, California Democrat Senator Alex Padilla, the ranking member of the Senate Judiciary Immigration Subcommittee, introduced a resolution under the Congressional Review Act (CRA) to overturn the US Citizenship and Immigration Services (USCIS) rule.
Announced on October 30, the interim final regulation does away with automatic renewals of work authorization papers for 18 noncitizen groups. These include wives of H-1B nonimmigrants, which includes a large number of Indian citizens who are lawfully residing in the United States, refugees, and those who have been awarded asylum or temporary protected status.
Noncitizens having legitimate legal status are permitted to continue working with a work permit. Long USCIS processing delays, according to senators supporting the resolution, may compel people who timely file renewal applications to quit their jobs while their cases are pending—sometimes for months—for no fault of their own.
The senators claim that if the regulation were put into effect, it would affect 87% of all outstanding job authorization document renewals. Because their renewal applications are stalled in processing queues, they warn, thousands of previously verified and authorized workers will no longer be able to work.
Prior to the Trump administration’s modification, noncitizens who submitted their petitions for work permit renewals within the necessary timeframes were automatically granted extensions, allowing them to keep working while USCIS reviewed their applications. Restoring such policy is the goal of the CRA resolution.
“Our entire national economy is being disrupted and employers who depend on the contributions of noncitizens are being devastated by Donald Trump and Stephen Miller’s campaign to marginalize them,” Padilla said.
“Those who have already undergone screening would be forced to stop working as a result of the Administration’s self-defeating rule that denies automatic work permit extensions, putting undue strain on both employers and immigrants.” Simply put, those who have previously undergone screening and been given permission to work should be permitted to continue doing so.
Among those most affected by changes in employment-based immigration laws in the US are Indian professionals and their families.
Household earnings generally rely on continuous work permission, and spouses of H-1B visa holders commonly work in industries including technology, healthcare, finance, education, and research. The measure, according to lawmakers, might force many families into unexpected financial instability.
According to Rosen, the shift would have an immediate impact on the economy. “The foundation of the US economy and a major factor in Nevada’s prosperity are immigrants who work and contribute to our economy,” she said.
Chaos will result from the Trump Administration’s unjust rule change, which would force thousands of legally authorized immigrants to quit their jobs or face termination from their employers. I’m pleading with my colleagues to support me in repealing this regulation since it would negatively impact our economy and thousands of families.
Colorado Senator Michael Bennet, Delaware Senator Chris Coons, Nevada Senator Catherine Cortez Masto, Illinois Senator Dick Durbin, Maine Senator Angus King, California Senator Adam Schiff, New Hampshire Senator Jeanne Shaheen, Maryland Senator Chris Van Hollen, and Vermont Senator Peter Welch are co-sponsors of the resolution.
Recently approved federal rules may be overturned by Congress by a joint resolution of disapproval under the Congressional Review Act within a certain amount of time. The resolution would invalidate the USCIS rule and prohibit the agency from publishing a significantly comparable regulation if it were adopted by both houses and signed into law.