The Congressional Review Act (CRA) is a little-known yet powerful tool that allows Congress to overturn federal regulations issued by the executive branch. Historically, it has been sparingly used, but its application has intensified in recent years. Since its inception in 1996, the CRA has been used to revoke 20 regulations—16 of which were repealed during the first Trump administration. Now, as political tides shift, we see yet another attempt to undo a key policy, one that has had a direct and positive impact on international workers and their employers: the 540-day automatic Employment Authorization Document (EAD) extension.
On January 30, Senators Kennedy (R-LA) and Scott (R-FL) introduced a resolution seeking to disapprove of the Department of Homeland Security (DHS) rule that extended the automatic EAD renewal period from 180 days to 540 days. This rule, finalized in December 2023, was implemented to address massive processing delays within U.S. Citizenship and Immigration Services (USCIS). Without this extension, thousands of foreign workers—many of whom are highly skilled professionals—would have faced gaps in employment due to government inefficiencies.
For international educators and immigration advocates, this move is concerning. The reality is that USCIS processing times have only worsened, and returning to a 180-day extension would reinstate undue stress, uncertainty, and potential job losses for thousands of noncitizen workers.
The 540-day extension was not merely a convenience; it was a necessary policy adjustment to prevent workforce disruptions caused by government backlog. Many international students on Optional Practical Training (OPT) and STEM OPT rely on these extensions to remain employed while their H-1B visa applications are processed. Similarly, foreign professionals on work visas, including H-1B holders waiting for employment-based green cards, depend on uninterrupted work authorization.
Revoking this rule would:
- Force highly skilled workers out of jobs, disrupting industries reliant on foreign talent, such as technology, healthcare, and academia.
- Create significant administrative burdens for employers, forcing them to navigate complicated compliance issues.
- Reduce the attractiveness of the U.S. as a destination for international students and professionals, as employment stability becomes more precarious.
As an international educator, I see firsthand how policy changes like this affect students’ confidence in the U.S. immigration system. The unpredictability surrounding work authorization plays a significant role in where students choose to study and build their careers. If Congress rolls back the 540-day EAD extension, international students—who already face complex legal hurdles—may begin looking elsewhere, such as Canada, Australia, and the U.K., which offer more predictable immigration pathways.
This uncertainty also harms institutions that heavily invest in supporting international students. Universities and colleges rely on post-graduation employment as a key selling point for prospective students. If securing and maintaining work authorization becomes a game of political roulette, many talented individuals may opt out of studying in the U.S. altogether.
Instead of repealing policies that provide stability, Congress should focus on comprehensive immigration reform that addresses the root causes of processing delays and work authorization challenges. The U.S. cannot afford to lose skilled workers due to bureaucratic inefficiencies and political gamesmanship.
The proposed rollback of the 540-day EAD extension is a clear example of how immigration policies are often dictated by political posturing rather than practical realities. For those of us who work closely with international students and professionals, it is yet another reminder that advocacy is necessary to ensure fair and logical policies that support a globally competitive workforce.
As this resolution moves through Congress, those invested in international education and employment must remain vocal. The message is clear: stability in work authorization benefits not only the immigrants affected but also the businesses, universities, and economy that rely on their contributions. Repealing this extension would be a major step backward, and we must work to prevent it.