USCIS Extends Work Permit Renewals for Spouses of H-1B and L-1 Visa Holders

In a move that will provide significant relief to many foreign workers and their families, the U.S. Department of Homeland Security (DHS) has announced an extension to the automatic work permit renewal period for spouses of H-1B and L-1 visa holders.

This change, effective January 13, 2025, will allow for automatic work permit renewals for up to 540 days, a significant increase from the previous 180-day limit.

Who Does This Impact?

Spouses of H-1B visa holders (H-4 visa) and L-1 visa holders (L-2 visa) seeking work permits will benefit from this rule. These individuals play a vital role in the U.S. workforce, often contributing to industries facing critical labour shortages.

The extension applies to:

• Spouses of H-1B visa holders on H-4 visas who are seeking green cards.
• Spouses of L-1 visa holders on L-2 visas.

This policy change applies to Employment Authorization Document (EAD) renewal applications filed on or after May 4, 2022.

Why Is This Important?

Processing delays for work permit renewals have disrupted the employment of many visa holders’ spouses. This extension aims to mitigate those interruptions, ensuring that eligible individuals can continue to work without gaps in authorization.

“Since January 2021, the American economy has created over 16 million jobs,” stated Alejandro N. Mayorkas, Secretary of Homeland Security. “This change will eliminate bureaucratic hurdles for employers and allow individuals to contribute to their communities and the economy.”

Also Read: H-1B Spouses & Kids Can Now Work: US Immigration Deal Brings Relief to Families

Streamlining Processes and Reducing Delays

In addition to this significant extension, USCIS has taken several steps to streamline its processes and reduce EAD processing times, including:

1. Reduced Processing Times

USCIS has significantly reduced the median processing times for employment authorization documents (EADs) for individuals awaiting adjustment of status. This change ensures faster approvals and minimizes work disruptions.

2. Enhanced Community Engagement

The agency has increased its outreach efforts, working closely with communities to educate eligible workers about EAD requirements and providing on-the-ground support to simplify the application process.

3. Faster Processing for Specific Categories

EAD processing times for asylum seekers and certain parolees have been reduced, with applications now processed within a 30-day median timeframe, promoting quicker workforce integration.

4. Extended Validity Periods

To reduce the frequency of renewals, USCIS has extended the validity period of EADs for certain categories of applicants from two years to five years, enhancing stability.

5. Streamlined Refugee EAD Processing

The processing of refugee EAD applications has been streamlined, allowing applicants to obtain work permits more efficiently and easing their transition into the U.S. workforce.

6. Expanded Online Filing

USCIS has expanded online filing options for EAD applications, enabling asylum seekers and parolees to apply digitally, reducing paperwork and improving accessibility for applicants nationwide.

According to USCIS Director Ur M. Jaddou, “This final rule will help U.S. employers retain their workforce and prevent unnecessary lapses in employment for eligible individuals.”

Also Read: US Companies Cut Back on H-1B Visa Sponsorships in 2024

Potential Challenges

While the extension is a relief for many, concerns remain that a future administration could reverse the policy. A similar initiative to revoke H-4 work permits was withdrawn in 2021, highlighting the volatility of such measures.

Conclusion

This final rule underscores the U.S. government’s efforts to address employment challenges caused by immigration delays. By supporting eligible workers, the policy aims to strengthen the economy while reducing barriers for employers and employees alike.