US decision to extend work permit for spouses of H-1B, L-1 visa holders automatically up to 540 days-CNBC TV 18

The US Department of Homeland Security (DHS) has announced to permanently extend the automatic extension of the work permit renewal period for H-4 and L-2 visa holders by 180 days to 540 days.

The latest move will be highly beneficial for spouses of H-1B visa holders (H-4) as well as spouses of L-1 visa holders (L-2).

Effective January 13, 2025, the changes will apply to all Employment Authorization Document (EAD) renewal applications that are either pending or filed on or after May 4, 2022.

According to U.S. Citizenship and Immigration Services (USCIS), “This announcement responds to feedback from the business community to create greater certainty for employers.”

Secretary of Homeland Security Alejandro N. Mayorkas said the U.S. economy created more than 16 million jobs through January 2021, while the department was committed to helping businesses fill these positions.

“Extending the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensuring that hundreds of thousands of individuals eligible for employment can continue to contribute to our communities. , and further strengthen our country’s strong economy,” Mekoras said.

USCIS Director Ur M. Jaddou said the agency was “committed to reducing unnecessary barriers and burdens in the immigration system to support our nation’s economy”.

The new rule will help employers in the US better retain their workers and “prevent workers with timely-filed EAD renewal applications from experiencing lapses in their employment authorization and employment authorization documentation, ” Jeddou said.

H-1B is a non-immigrant visa that allows employers in the US to hire foreign nationals in particular sectors. H-4 visas are granted to dependents of H-1B visa holders, including their spouses as well as unmarried children under the age of 21.

L-1 visa, on the other hand, is used by companies to transfer their employees from their overseas offices to US branches. It is divided into two categories – L-1A and L-1B. L-2 visas are granted to dependents of L-1 visa holders, which means their spouses as well as unmarried children under 21 years of age.

According to the U.S. Department of Homeland Security, the final rule aligns with USCIS’s ongoing efforts to support the ability of eligible individuals to contribute to the U.S. economy.

Additionally, USCIS has taken other steps to reduce EAD processing times. Among these are –

1. Reducing the average EAD processing time by half with applications pending for adjustment of status from FY 2021 to date.
2. Engaging with communities to educate work-eligible individuals as well as provide on-the-ground intake support for applicants.
3. Bringing EAD application processing times for asylum applicants below or equal to the 30-day median for some parolees as well.
4. Extension of EAD validity period for certain categories of applicants from two to five years.
5. Processing of refugee EAD applications becomes streamlined.
6. Expansion of online filing of EAD applications for asylum applicants and parole.