In a significant decision poised to affect Indians employed in the United States, the US Department of Homeland Security has ceased the automatic extension of employment authorization documents for foreign nationals submitting visa renewal applications.
The interim final rule will take effect on Thursday, October 30.
In a further tightening of regulations regarding foreign workers in the US, Florida Governor Ron DeSantis has also mandated that institutions within his state prioritize hiring Americans for university positions over foreigners holding work visas, seemingly to curb what he describes as “H-1B abuse.”
“Universities nationwide are bringing in foreign workers on H-1B visas rather than employing qualified and available Americans for these roles…We will not accept H-1B abuse in Florida’s institutions. Therefore, I have instructed the Florida Board of Governors to put an end to this practice,” he stated.
“If any universities are genuinely having difficulty finding US citizens to fill their vacancies, they should assess their academic programs to understand why they are unable to produce graduates suitable for these roles,” he continued.
What are the recent modifications to work visas in the United States?
Under the newly established interim final rule by the DHS, foreign workers will be required to cease employment if their applications for renewal of employment authorization documents are not approved before the expiration of their current permits.
Possessing an employment authorization document serves as a means to demonstrate that you are permitted to work in the United States for a designated period, as stated by the DHS.
Previously, foreign workers were permitted to continue their employment for up to 540 days while awaiting the processing of their renewal applications. However, effective Thursday, individuals applying for work permit renewals will forfeit their authorization one day after their current documents expire, provided that the renewal is still under review.
Indians constitute a significant segment of the foreign workforce in the United States and are expected to be adversely affected by these changes. Those holding H-1B visas who have been in the queue for years, or even decades, for green cards, along with their spouses on H-4 visas who also rely on work visas, will be among the most severely impacted by these alterations. Additionally, students benefiting from STEM work extensions will also face considerable repercussions.
At present, the US Citizenship and Immigration Services (USCIS) takes between three to twelve months to process such extensions, according to data from the agency, as reported by Hindustan Times earlier.
In light of this new regulation, the USCIS has advised foreign workers to submit their renewal applications approximately 180 days before the expiration of their work permits.
Nevertheless, the Department of Homeland Security (DHS) indicated that there are specific exceptions to this regulation, including “extensions provided by law or through a Federal Register notice for TPS-related employment documentation.” Furthermore, the interim final rule does not impact Employment Authorization Documents (EADs) that are automatically extended prior to October 30, 2025.
In light of the new directives from the governor of Florida, it will become increasingly challenging for international graduates to pursue employment opportunities at universities. “If any universities are genuinely facing difficulties in locating U.S. citizens to fill their job vacancies, they should assess their academic programs to understand why they are unable to produce graduates who qualify for these roles,” stated DeSantis.
A communication from his office asserted that while H-1B visas are designed to recruit foreign nationals for highly specialized positions, they are being utilized to fill roles that can “easily be occupied by qualified Americans.”
“Universities are exempt from the federal H-1B caps, allowing for the continuous hiring of foreign labor,” the statement further noted.
