Change in work permits and Florida governor’s H-1B warning: US toughens employment visa rules again

The interim final rule will come into effect from Thursday, October 30.

Adding to the crackdown on foreign workers in the US, Florida Governor Ron DeSantis also ordered institutions in his state on Wednesday to hire Americans for university jobs instead of foreigners who have work visas in an apparent attempt to stop “H-1B abuse”.

“Universities across the country are importing foreign workers on H-1B visas instead of hiring Americans who are qualified and available to do the job…We will not tolerate H-1B abuse in Florida institutions. That’s why I have directed the Florida Board of Governors to end this practice,” he said.

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“If any universities are truly struggling to find US citizens to fill their job openings, they ought to evaluate their academic programmes to determine why they cannot produce graduates who can be hired for these positions,” he added.

What are the new changes to work visa in US?

Under the new interim final rule of the DHS, foreign workers will be forced to stop working if renewal of their employment authorisation documents is not approved before their current permits expire.

Having an employment authorization document is one way to prove that you are authorized to work in the United States for a specific time period, according to DHS.

Before this rule, foreign workers were allowed to continue working for up to 540 days while their renewal applications were pending. However, from Thursday, people applying for renewals of their work permit will lose their authorization within a day of the expiration of their current documents and if the renewal is still pending.

Indians form a major portion of the foreign workforce in the United States who are likely to get impacted with these changes. Those on H-1B visas waiting for years or sometimes decades for green cards, including their spouses on H-4 visas who also depend on work visas will be among the most hit due to these changes. Students on STEM work extensions will also be majorly impacted.

Currently, the US Citizenship and Immigration Services (USCIS) takes three to 12 months to process such extensions, according to agency data, reported Hindustan Times earlier.

With this new change, the USCIS recommended that foreign workers should file their renewal applications some 180 days prior to the expiration of their work permits.

However, DHS also said that there are limited exceptions to this rule, such as “extensions provided by law or through a Federal Register notice for TPS-related employment documentation.” Also, the interim final rule does not affect EADs automatically extended before October 30, 2025.

With the new directions of the Florida governor, it will be difficult for foreign graduates to seek university jobs. “If any universities are truly struggling to find US citizens to fill their job openings, they ought to evaluate their academic programmes to determine why they cannot produce graduates who can be hired for these positions,” DeSantis said.

A statement from his office claimed that while H-1B visas are intended to hire foreigners for highly specialized jobs, it is being used to hire for roles which can “easily be filled by qualified Americans.:

“Universities are exempt from federal H-1B caps, enabling year-round hiring of foreign labour,” the statement added.

(With inputs from PTI)