No more work gaps for spouses with H-4, L-2 visas

No more work gaps for spouses with H-4, L-2 visas

Lubna.Kably@timesgroup.com

12.11.2021

Thousands of spouses of non-immigrant visa holders such as H-1B and L-1 (held by those on intra-company transfers) will no longer have to fear employment gaps and resultant financial hardship, owing to delays in processing of their employment authorisation documents (EADs).

Dependants such as the spouse of an L-1 visa holder are issued a L-2 visa. H-4 visas are held by dependents, including the spouses of H-1B visa holders.

In a settlement agreement that was issued on Wednesday, pursuant to a class-action suit filed by 15 plaintiffs (majority of them being Indian spouses) against the department of homeland security (DHS), L-2 visa holders will enjoy automatic work authorisation ‘incident to status’. In other words, this means that spouses of those who are deputed to US on intra-company transfers will no longer have to apply for work authorisation prior to working in America.

Under the settlement with DHS’ immigration agency US Citizenship and Immigrant Services (USCIS), nearly a lakh Indian spouses of H-1B visa holders with employment authorisation documents (EADs) will get an automatic work extension for up to a maximum of six months. A detailed guidance note from the USCIS is expected in the coming weeks. An acute backlog in processing of EAD applications, which took upward of ten months, meant that many spouses who were gainfully employed, or even those who were self-employed (ranging from dentists to freelance graphic designers) found they could no longer work. Many, including those holding jobs in the technology sector, lost their jobs as their employers could not wait for months till their EAD was adjudicated. The problem was compounded because an EAD can be filed by an H-4 visa holder only six months prior to the expiry date of the current work authorisation document.

The settlement reverses a USCIS policy that prohibited H-4 spouses from benefiting from automatic extension of their employment authorisation during the pendency of standalone EAD applications. Under the terms of the settlement, H-4 visa holders who timely file their EAD renewals will qualify for an extension of up to 180 days.

Jesse Bless, AILA director of federal litigation, said: “Today marks a historic change for L-2 spouses who will now enjoy work authorisation incident to status. AILA’s membership has long advocated for the correct statutory interpretation and we’re delighted to have reached this agreement, which includes relief for H-4 spouses, through our litigation efforts.”

Under a settlement with USCIS, nearly one lakh Indian spouses of H-1B visa holders with employment authorisation documents will get an automatic work extension for up to a maximum of six months