President Biden has some options he can take to protect  U.S. immigration programs from future potential changes. Some of these include extending work permits for certain individuals and finalizing changes to the H-1B visa program. To protect these benefits from potential future changes, Biden needs to act quickly and finalize these rules.

Key Proposals and Potential Changes

One important proposal is to modernize the H-1B visa program for specialty workers. Another proposal would allow automatic work authorization to be extended for some workers, which could become a permanent policy. There are also some proposed changes that could be removed, many of which were introduced during President Trump’s first term.

Potential Rule Changes

One proposed rule would limit when immigration judges can delay hearings or filings. Under this rule, judges would need to show a good reason for a delay. Cases could be closed early if it seems unlikely that the person will get immigration relief, or if delaying the case wouldn’t change the outcome. As a result, cases could be decided prematurely.

Another set of proposed rules from the H-1B modernization plan could either be withdrawn or considered separately. Some of these proposals include changes to the “cap gap” for students, decisions about previous cases, and rules for nonprofit and government research organizations. If these rules are sent separately, as opposed to in a group, some may be finalized before Biden’s term ends.

Key Proposed Changes

• Cap Gap: International students on F-1 visas often face a gap between the end of their student visa and the approval of an employment-based visa. A proposed rule would automatically extend their visa during this gap.
• Deference: This proposal would require officials to follow the results of previous immigration decisions if the facts of the case are the same. If a case with similar facts was approved before, the new case should be approved too.

Work Authorization Extensions

In April 2024, a temporary rule extended work permits for certain individuals from 180 days to 540 days while they wait for their renewals. This change addresses the backlog and processing delays, but the rule is set to expire on October 15, 2025. There are concerns that if delays continue, many individuals could lose their work authorization due to the growing backlog of renewal requests.

As always, we actively monitor ongoing news as it relates to U.S. immigration policy. If you have questions about any U.S. immigration issue, contact us. We work with our clients every step of the way.