This is great news for thousands of immigrant-worker husbands and wives in the US! The Biden administration recently settled a class-action lawsuit to make it simpler for these spouses to work in the U.S. by removing the requirement for them to have a separate work permit.
What Is This New Settlement About?
In the new arrangement, spouses of L-1 workers (people who moved within a company to the U.S.) no longer need to get a separate Employment Authorization Document (EAD) to work. Rather, they will automatically be granted work authorization as an L-1 visa condition.
Also, the government has appropriately renewed work permits for spouses of H-1B (U.S.-based specialist workers) with H-4 visas. They’ll get automatic extensions if these spouses’ work permits expire prior to their status expiring (as long as they apply for EAD renewal before their current work permit expires).
Why Is This Change Important?
H-1B and L-1 visa spouses had to repeat the complicated and time-consuming process of renewing their work permits for decades. That sometimes meant waiting for months which made them lose their jobs during high visa processing times. These delays were made even longer by a Trump-era policy that demanded biometrics (fingerprints and other personal information) from these spouses for their renewal applications for work permits.
There was also the coronavirus outbreak, which broke all the systems for processing visas, making it even more challenging for spouses to get renewals on time. That made many H-4 and L-2 holders not eligible to work for months or more — even when U.S. law allowed them to.
The Lawsuit That Changed Everything
The immigration attorneys, members of the American Immigration Lawyers Association (AILA), had filed a federal class-action lawsuit against the Department of Homeland Security (DHS) in March. The suit claimed that H-4 and L-2 spouses should automatically get another job with USCIS without a requirement to provide additional biometrics or file an extended renewal.
Thanks to the agreement in this lawsuit, H-1B and L-1 visa spouses can work now without having to be afraid of being delayed or requesting employment authorization on their own.
What Is The Immigrant Workforce Effect of This Settlement?
The shift is very real for many immigrant workers and their families. Families of H-1B and L-1 holders who are also highly skilled professionals will be able to work without being forced to do so. It lets them help build the US economy and be there for their families, without getting stuck in the dreaded work permit application process.
What’s more, the settlement fixes a major bug in the visa processing process. Economies of scale have helped the government to make it easier for these wives to stay on with their work and to avoid losing their jobs due to bureaucratic lag.
What Are the Next Steps?
The U.S. The Citizenship and Immigration Services (USCIS) now has to deal with these work permits faster. Although the law said these applications were due within 30 days, due to the queue they have faced months of delays. The settlement is part of the solution to that and part of making it easier for immigrant worker spouses.
If you’re one of them, you should stay in contact with USCIS and monitor your work permit application status to make sure nothing else gets tacked on. You can also approach Law and Visas, we will advise you about it and get your application taken care of.
This agreement is a big win for families of immigrant workers, who were previously delayed due to unnecessary bureaucratic delays. Keeping spouses of L-1 and H-1B visa holders from having to file for work permits independently means these families can live in the U.S. without disruption.
Law and Visas will always work to assist you in these transitions and stay on track with your immigration plans. Don’t hesitate to get in touch with us if you have any doubts or want help with your immigration process.
