Fri. Apr 26th, 2024

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A lawsuit filed against delays in processing documents of spouses of H1B, L1 visa holders

2 min read
US H-1B visa draws

A top American association of immigration legal counselors has filed a class-action lawsuit on 22nd March 2021 against the Department of Homeland Security for extraordinary delays in processing employment authorization documents (EADs) of spouses of foreign workers in the country on H-1B dependents and L1 visas, a significantly enormous number of whom are technology professionals from India.

“The delays that H-4 and L-2 non-immigrants are facing needlessly place families in financial limbo,” said Jennifer Minear, president of American Immigration Lawyers Association or AILA, which has filed the class-action claim against the DHS along with Wasden Banias.

The DHS (Department of Homeland Security) has the lawful tools and authority to grant work authorization. To affected people whose financial security is hanging in the balance. And it should to quickly start to utilize those tools to provide solutions, Minear said.

Lawsuit Filed Against in Processing Authorization Permits for H-1B Dependents

The DHS can and should revoke the unnecessary biometric requirements for H-4 and L-2 non-immigrants. Provide automatic work authorization while it processes EAD renewal requests. And also allow EAD applicants to file their renewal applications sooner than 180 days. Before expiration to prevent gaps in work authorization, she demanded.

Jesse Bless, AILA’s director of Federal Litigation said that in 2019. The Trump government executed a new biometric requirement for H-4 and L-2 visa holders. And different dependents trying to extend their stay in the US.

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These new requirements added to the all already extraordinary processing delays, which were further exacerbated by COVID-19 restrictions. Moreover, the process to attain work authorization should not put families at the risk of a tremendous loss of income and instability, he said.

“There are reasonable and quick steps that the DHS can take to make certain that visa holders meet requirements without forcing needless suffering. We desire to work with the public authority on immediate solutions to get these peoples back to work,” Bless said.

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