E-Paper
What Trump’s new work permit, visa extension rules mean for Indians
Washington is looking to scrap its policy of “deference” to prior visa approvals when reviewing extension applications, when no major details have changed.
Prefer HTon Google
The Donald Trump administration has rolled out two new immigration measures in recent days that could hit the ability of thousands of foreign professionals to work in the US.
The two developments emerged almost simultaneously. The government has finalised a rule that could cause some immigrants, including spouses of H-1B visa holders, to temporarily lose the right to work. Many foreign nationals need a work permit, known as an Employment Authorization Document (EAD), to work in the US.
Under the earlier policy, people who applied to renew their work permit before it expired could keep working for up to 540 days while US immigration authorities processed the application. The Trump administration has now said that foreign nationals whose work permits expire while their renewal is still being processed can no longer keep working until the new permit arrives. The rule, which took effect on a temporary basis last October, has now been made permanent.
Besides, the Trump administration on Wednesday proposed a new rule that could significantly increase scrutiny of previously routine visa extensions – including H-1B visas – and lead to longer wait times.
Washington is looking to scrap its policy of “deference” to prior visa approvals when reviewing extension applications, when no major details have changed.
Take, for instance, an Indian professional applying for a three-year extension of their H-1B visa while staying with the same employer. At present, immigration officials generally defer to the earlier approval instead of reviewing the case afresh, since the applicant already holds a visa and little has changed since the last application. The Trump administration now proposes to end this “deference,” which could add considerable uncertainty, paperwork and delays for foreign professionals.
Who will the regulations affect?
The first rule, on EADs, is likely to hit Indian spouses of H-1B visa holders hardest, since they (holders) need this work permit to take up a job in the US. As several feedback to US immigration authorities pointed out, the rule could cause significant loss of income to households even if they have followed immigration regulations faithfully and through no fault of their own due to simple processing delays.
The regulation could also hurt the US economy, costing employers an estimated $450 million in lost productivity and employee turnover over 18 months, according to a Department of Homeland Security (DHS) estimate. It could also lead to a loss of $14.5 million in payroll taxes.
The second regulation could also impact a large number of Indian professionals in the US, with about two lakh extension petitions a year falling under the deference policy. According to immigration services firm Fragomen, such individuals could face higher rejection rates from immigration officials. US employers are likely to receive more requests for evidence when helping their foreign employees apply for visas.
Why is the Trump administration pursuing these policies?
For the first regulation, the Trump administration has argued that the earlier policy could lead to increased security threats.
“The automatic extension, therefore, poses a security vulnerability that could allow bad actors to continue to work and generate income to potentially finance nefarious activities that pose an imminent threat to the American public,” the DHS said in a notice released on Wednesday.
The department referred to a June 2025 case where a foreign national granted an automatic extension to their work permit attacked peaceful demonstrators in Boulder, Colorado to explain its move. Numerous individuals who participated in the public comments process pointed out that using a single case to change a policy was unfair given the disruption it would cause to many households.
The administration also justified ending the “deference” policy for foreign workers by arguing that it widens scope for more fraud and gaming of the immigration system. The present system allows workers who received visas fraudulently previously to easily receive visa extensions, it said.
