President Joe Biden faces several opportunities to safeguard critical changes to U.S. immigration policies, particularly regarding work permits and the H-1B visa program. Among the options available is the potential extension of automatic work authorization for renewals and finalizing proposed changes to the H-1B visa rules. To protect these changes, the administration would need to act quickly before possible future shifts in policy.
A proposed rule to modernize the H-1B temporary visa program for specialty occupations is currently under review. At the same time, a rule that could make automatic work authorization for renewals permanent is also being considered. However, there are still several proposed rules, some from the Trump administration, that could be rescinded.
One notable proposal would limit the ability of immigration judges to delay hearings and filings. If implemented, judges would need to provide a specific, justifiable reason for any postponements. Under this rule, cases could be dismissed prematurely if a noncitizen is unlikely to receive immigration relief, or if a delay wouldn’t affect the outcome of the case.
Additionally, several proposed rules from the previous H-1B modernization effort could either be withdrawn or submitted separately. These include changes to the “cap gap” for F-1 visa holders, adjustments to the deference policy for decisions, and expanded exemptions for nonprofit and government research organizations. If these proposals remain grouped together, it is unlikely they will be finalized before Biden leaves office. However, if separated, some could be enacted sooner.
F-1 visa holders, particularly students at U.S. universities, often experience a gap between their student visa expiration and the approval of an employment-based visa. The proposed rule aims to automatically extend their visa to bridge this gap, an element that could be finalized independently.
Another key proposal involves deference, which would require immigration officials to follow previous rulings when the facts of the case are similar. This rule, which has broad support, would ensure that cases with identical circumstances are treated consistently.
In response to delays and backlogs, the Biden administration issued a temporary rule in April 2024 that extends work authorization for renewals from 180 days to 540 days. The move addresses ongoing processing delays that could put as many as 800,000 individuals at risk of losing their work authorization due to growing backlogs. This temporary rule is set to expire on October 15, 2025.
As the administration faces mounting pressure to act, the ILBSG continues to monitor U.S. immigration policies and offers support to those navigating the system. For questions or advice on immigration matters, contact us for expert guidance.
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