US Senators Move To Overturn President Donald Trump's Rule Impacting Indian H-1B Spouses

Washington: A group of influential US senators have introduved a legislation in the Senate to overturn a Trump administration rule that ends automatic renewals of work permits for certain noncitizens, a policy change that could sharply affect Indian nationals, particularly spouses of H-1B visa holders who form a significant share of the impacted workforce.

Senator Alex Padilla, a Democrat from California and ranking member of the Senate Judiciary Immigration Subcommittee, joined Senator Jacky Rosen of Nevada and nine other colleagues in introducing a resolution under the Congressional Review Act (CRA) to reverse the rule issued by US Citizenship and Immigration Services (USCIS).

The interim final rule, announced on October 30, eliminates automatic extensions of employment authorization documents for 18 categories of noncitizens. These include refugees, individuals granted asylum or temporary protected status, and spouses of H-1B nonimmigrants — a category that includes many Indian nationals legally living in the United States.

Work permits allow noncitizens with valid legal status to remain employed. Senators backing the resolution say long USCIS processing delays mean that individuals who submit renewal applications on time could still be forced to stop working while their cases remain pending, sometimes for months, through no fault of their own.

According to the senators, if implemented, the rule would impact 87 per cent of all pending renewals of employment authorization documents. They warn that thousands of workers who have already been vetted and approved would lose their ability to work simply because their renewal applications are stuck in processing queues.

Before the Trump administration’s change, noncitizens who filed their work permit renewal requests within required timelines automatically received extensions, ensuring they could continue working while USCIS processed their applications. The CRA resolution seeks to reinstate that policy.

“Donald Trump and Stephen Miller’s campaign to marginalize noncitizens working here legally is disrupting our entire national economy and devastating employers who rely on their contributions,” Padilla said.

“The Administration’s self-defeating rule to deny automatic work permit extensions would force people who have already been vetted to lose their ability to keep working, causing unnecessary strain for immigrants and employers alike. People who have already been screened and authorized to work should be able to keep working, plain and simple.”

Indian professionals and their families are among those most exposed to employment-based immigration policy shifts in the United States.

Spouses of H-1B visa holders often work in sectors such as technology, healthcare, finance, education, and research, and household incomes frequently depend on uninterrupted work authorization. Lawmakers say the rule risks pushing these families into sudden financial uncertainty.

Rosen said the change would have immediate economic consequences. “Immigrants who work and contribute to our economy are central to Nevada’s prosperity, and they’re the backbone of the US economy,” she said.

“This unfair rule change by the Trump Administration will cause chaos — forcing thousands of immigrants with legal authorization to stop working or be fired by their employer. This will hurt our economy and harm thousands of families, so I’m urging my colleagues to join me in overturning this rule.”

The resolution is co-sponsored by Senators Michael Bennet of Colorado, Chris Coons of Delaware, Catherine Cortez Masto of Nevada, Dick Durbin of Illinois, Angus King of Maine, Adam Schiff of California, Jeanne Shaheen of New Hampshire, Chris Van Hollen of Maryland, and Peter Welch of Vermont.

Under the Congressional Review Act, Congress can overturn recently finalized federal regulations through a joint resolution of disapproval within a limited time window. If approved by both chambers and signed into law, the resolution would nullify the USCIS rule and prevent the agency from issuing a substantially similar regulation.

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