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Spouses of H-1B visa holders and other foreign workers may find themselves in hot water under Trump’s administration.
One of the rules regarding employment status and documents implemented by the Biden administration is under fire by the current regime.
Employers in the United States must ensure that all employees, regardless of citizenship or national origin, have the necessary authorization to work in the country.
Having an Employment Authorization Document (EAD) is one approach to demonstrate that foreign workers are legally permitted to work in the United States for a certain duration.
The Biden administration increased the automatic extension period for employment authorization and employment authorization documentation from 180 days to 540 days.
This final rule tool effect on January 13, 2025, and applied to eligible applicants who have timely filed renewal EAD applications pending or filed on or after May 4, 2022.
The final rule was intended to improve worker retention in the United States and prevent lapses in employment authorization and documentation for workers who file their EAD renewal applications on time.
Now, Senator John Kennedy, a member of the Senate Judiciary Committee, and Senator Rick Scott have introduced a joint resolution of disapproval under Congressional Review Act (CRA) procedures for the Biden administration’s rule that automatically extended the renewal period for an immigrant employment authorization document (EAD) to almost a year-and-a-half before officials could review those permits.
“The Biden administration’s dangerous rule automatically extended work permits for immigrants to 540 days.
Giving immigrants more time to avoid reporting to U.S. officials hampers the Trump administration’s efforts to enforce our immigration laws and keep Americans safe,” said Kennedy.
The Biden administration’s rule applies broadly to immigrants, refugees, green card holders, foreigners with temporary protected status, foreigners who file for deportation suspensions, spouses of H-1B visa holders, and more.
If Congress fails to reverse the Biden administration’s rule, the Trump administration may face more difficulty detecting those who live and work illegally in the U.S.
However, you do not need to apply for an EAD if you are a lawful permanent resident. Your Green Card (Form I-551, Permanent Resident Card) is evidence of your employment authorization.
You also do not need to apply for an EAD if you have a nonimmigrant status that authorizes you to work for a specific employer incident to your status (for example, you are an H-1B, L-1B, O, or P nonimmigrant).
Source: https://www.financialexpress.com/business/investing-abroad-resolution-to-reverse-bidens-employment-rule-automatically-extending-immigrant-work-permits-introduced-3743931/
