The US Department of Homeland Security (DHS) has announced an extension of the automatic work permit renewal period for spouses of H-1B and L-1 visa holders.
This change, which will take effect on January 13, 2025, extends the renewal period from 180 days to 540 days, aimed at reducing the challenges faced by foreign workers and their families. The adjustment is poised to enhance stability for spouses of H-1B visa holders on H-4 visas and spouses of L-1 visa holders on L-2 visas, particularly in light of the frequent bureaucratic delays encountered during the renewal process.
By allowing for a longer work permit renewal period, DHS seeks to prevent employment disruptions that could affect these individuals’ livelihoods and those of their families. Alejandro N. Mayorkas, Secretary of Homeland Security, underscores the change’s significance, stating that since January 2021, the American economy has generated over 16 million jobs.
He emphasizes that the new policy aims to remove bureaucratic obstacles for employers and enable individuals to contribute more effectively to their communities and the economy. This policy amendment will impact primarily spouses of H-1B visa holders applying for green cards, as well as spouses of L-1 visa holders. Both groups are essential to the US workforce, particularly in industries facing acute labour shortages.
Notably, the new Employment Authorization Document (EAD) renewal policy applies to applications submitted on or after May 4, 2022. In conjunction with this policy update, the US Citizenship and Immigration Services (USCIS) has introduced several initiatives to streamline EAD processing times, historically characterized by delays.
These measures include a reduction in median processing times for EADs related to individuals awaiting adjustment of status. Furthermore, USCIS has increased community engagement to better inform eligible workers about EAD requirements and simplify the application process.
Other improvements include expedited processing for certain categories such as asylum seekers, with median EAD processing times now at 30 days, and an extension of EAD validity for select applicants from two years to five years. Additionally, USCIS has optimized refugee EAD processing and expanded online filing options, enhancing accessibility for applicants nationwide.
USCIS Director Ur M. Jaddou highlights the benefits of these changes, noting that they will aid US employers in retaining their workforce and prevent unnecessary employment lapses for eligible individuals. Despite these advancements, concerns remain regarding potential reversals of such policies by future administrations, given historical attempts to revoke H-4 work permits, which were withdrawn in 2021.
This uncertainty signals the ongoing challenges surrounding immigration policy, but for the time being, the extension represents a crucial step towards stability for many foreign workers and their families.
