US court grants relief for L2, H4 immigrant spouses seeking employment permits
2 min read
In a partial victory for spouses of immigrant workers in the US, they will no longer need to apply for work authorization. A US court reached a settlement for a class-action lawsuit, directing the United States Citizenship and Immigration Services (USCIS). To allow up to 180 days auto extension on work authorization for L2, H4 immigrant spouses.
While L-1 spouses of L-2 visa holders will get the extension without applying for it. H4 visa holders will still need to apply for an extension after their employment permit expires.
H4 employment authorization document (EAD) visa holders, or spouses of H-1B visa holders, were losing jobs due to an inability to renew their employment status following the backlog caused by the pandemic. More than 90% of H4 candidates are Indian women. In March, a group of mainly Indian nationals and lawyers had filed a class-action suit. Challenging this US immigration policy that prevents L-2 and H4 visa holders from working till they don’t have a work permit.
US court grants relief for L2, H4 immigrant spouses seeking work authorization
The suit was filed in the US District Court for the Western District of Washington by a group of 15 plaintiffs, of which 13 were Indian nationals. Because of this updated immigration policy, the candidates had to go without a job for 10-15 months. While they waited that the immigration agency will adjudicate their petition.
However, as directed by the court now, L-2s filing for an extension of work permits will now get a 180-day auto extension. Of their work authorizations (or the I-94 expiration date, whichever is shorter). Further, H4 visa holders will get automatic extensions of their H-4 EADs. The expiration of their I-94s or 180 days from the expiration of the prior EAD, whichever is sooner.
“USCIS will give policy guidance that states L-2 spouses are employment authorized, incident to status, and in cooperation with CBP. Change the Form I-94, within 120 days of the effective date. To show the bearer is an L-2 spouse,” the court expressed in a ruling document viewed by ET.
[H-1B Lottery Will Continue to be Based on Random Selection]
However, immigration support groups have raised worries that this update still doesn’t simplify the work authorization process for immigrants. Candidates will still need to spend on complicated processes to get H4 visas stamped for the 180-day auto extension.
Earlier, this year, the same group of lawyers had managed to suspend the requirement for biometric authentication of H4 and L2 candidates. To speed up the processing time for visa application and employment authorization.
