Spouses of H-1B holders to benefit: US agency extends automatic extension period for work authorisation to 540 days

MUMBAI: Spouses of H-1B visa holders, who hold an employment authorisation document (EAD) aka work permit are relieved that the automatic extension period of the EAD has been increased from up to 180 days to up to 540 days. As many as a lakh Indian spouses (largely women) are said to hold such work authorisation. This will also help spouses of L-I visa holders (those who are on intra company transfers). The final rule will become effective on January 13, 2025, and will apply to eligible applicants with timely filed renewal EAD applications pending or filed on or after May 4, 2022.

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TOI had earlier covered the difficulties faced by EAD holders. An application for an extension for the H-4 visa and work authorisation renewal can be made only six months prior to the expiry of the visa status. Processing delays led to challenges including loss of jobs.

Spouses of H-1B visa holders hold an H-4 dependent visa whereas spouses of those on an intra-company transfer – L1 visa holders, hold an L-2 visa. While spouses of those on intra-company transfers are authorised to seek employment, only those spouses of H-1B visa holders who are on track for a green card are eligible to work on obtaining an EAD. Delays in processing of work authorisation applications impacts both groups adversely.

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Late on Tuesday night, the US Department of Homeland Security (DHS) announced the enhanced automatic extension period. A DHS release states, “Over the past several years, US Citizenship and Immigration Services (USCIS) has significantly reduced processing times for EAD applications as part of its ongoing efforts to help support the US economy, its employers, and those who Congress has made eligible to work here. This final rule continues these efforts by reducing the likelihood that lapses in employment authorization for eligible noncitizens will occur, while USCIS adjudicates their EAD renewal requests and better ensure continuity of operations for US employers. The need is clear, as USCIS received and processed a record number of EAD applications this year. This is the latest step by the Biden-Harris Administration to keep eligible work-authorized individuals in the workforce, supporting our local economies, businesses, and communities.”

However, many fear that the benefit of this final rule could be short-lived. The Trump administration could rescind or amend this final rule. President Trump during his previous tenure had issued the Executive Order – Buy American, Hire American – a slew of measures had then followed including a proposed rule to revoke employment authorization for H-4 dependent spouses. Just in the nick of time before the rule was finalized, the Biden administration stepped in and the proposed rule to revoke EADs was formally withdrawn in January 2021.

In relation to the announcement, Alejandro N. Mayorkas, Secretary of DHS said, “Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them.” “Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy,” he added.

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“USCIS is committed to reducing unnecessary barriers and burdens in the immigration system to support our nation’s economy,” said USCIS Director Ur M. Jaddou. “This final rule will help U.S. employers better retain their workers and help prevent workers with timely-filed EAD renewal applications from experiencing lapses in their employment authorization and employment authorization documentation through no fault of their own.”