Biden admin settles for automatic job authorization for spouses of H-1B visa holders
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In yet another immigration-friendly move that would help a huge number of Indian-American women. The Biden government has agreed to give automatic work authorization permits to the spouses of H-1B visa holders, most of whom are Indian IT professionals.
An H-4 visa is given by the US Citizenship and Immigration Services (USCIS). To immediate family members (spouse and children under 21 years of age) of the H-1B visa holders. The visa is normally given to the people who have already started the process of seeking employment-based lawful permanent resident status in the US.
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Also, technology companies depend on it to recruit a huge number of employees every year from nations like India & China.
A settlement was reached by the Department of Homeland Security in a class-action lawsuit. Which was filed by the American Immigration Lawyers Association (AILA) on behalf of immigrant spouses this summer.
Biden settles automatic job authorization for spouses of H-1B visa holders
“This (H-4 visa holders) is a group that always met the administrative test for an automatic extension of EADs (employment authorization documents). Yet the agency previously prohibited them from that benefit and forced them to wait for reauthorization. Individuals were suffering. They were losing their high-paying jobs for absolutely no legitimate reason. Also, causing harm to them and US businesses,” Jon Wasden from AILA said.
The litigation successfully achieved the reversal of the USCIS policy that prohibited H-4 spouses. From benefiting from the automatic extension of their employment authorization during the pendency of stand-alone EAD applications.
“Although this is a giant achievement, the parties’ agreement will further result in an enormous change in position for the USCIS. Which now recognizes that L-2 spouses enjoy automatic work authorization incident to status. Meaning these spouses of executives and managers will no longer have to apply for employment authorization. Prior to working in the United States,” AILA said.
[US court grants relief for L2, H4 immigrant spouses seeking employment permits]
“We are delighted to have reached this agreement, which includes relief for H-4 spouses. Through our litigation efforts with Wasden Banias and Steven Brown. Moreover, it is satisfying that the administration saw that settling the litigation for non-immigrant spouses. It was something that should be done, and done rapidly,” said Jesse Bless, AILA director of federal litigation.
The Obama government had given work authorization to specific categories of spouses of H-1B visa holders. Up until now, more than 90,000 H-4 visa holders, a significant majority of whom are Indian-American women, have received work authorization.
