Rajkotupdates.news : America Granted Work Permits For Indian Spouses Of H-1 B Visa Holders. Given that they will now be permitted up to a 180-day auto-renewal on employment authorization, Indian women whose spouses possess H-1B or L-1 visas look to benefit the most from the US government’s most recent immigrant-friendly policy adaptation.
The spouses of H-1B visa holders will now be given work authorization licences from the US, which is certain to assist thousands of Indian professionals find employment in the country.
The American Immigration Lawyers’ Association had already brought a class-action suit on behalf of immigrant spouses, many of whom had lost their jobs as a result of protracted wait times for work permission.
The US Citizenship and Immigration Services (USCIS) has been ordered by a US court to give spouses of L-1 and H-1B visa holders a 180-day immediate extension on their work permit. L-1 spouses will automatically receive the extension; however, H-4 visa holders will still need to apply once their employment permission expires.
The Difference Between L2 and H-4 Visas
The spouses of L-1 or H-1B visa holders are going to benefit from the US’ most recent immigrant-friendly amendment because their work permits will now be routinely extended for 180 days.
The H-1B visa holders’ spouses and minor children are granted H-4 visas by the US Citizenship and Immigration Services. Over 94% of H-4 visas, according to US government statistics, are granted to women. Nearly 93% of them are from India.
L-1 visas are non-immigrant visas with a condensed lifespan. With the use of this visa, multinational companies can temporarily relocate employees from abroad to their US operations for specialised employment. For entry into the US, L-2 visas are given to an L-1 visa holder’s dependant spouse or siblings who are under 21. In order to work in the nation, L-2 visa holders can also get Employment Authorization Documents.
Rajkotupdates.news : America Granted Work Permits For Indian Spouses Of H-1 B Visa Holders
Rajkotupdates.news : America Granted Work Permits For Indian Spouses Of H-1 B Visa Holders: Spouses of H-1B and L-1 visa holders will now automatically receive employment extensions of up to 180 days from US Citizenship and Immigration Services. However, while those with L-2 visas would automatically receive extensions, those with H-4 visas will need to apply.
The US Citizenship and Immigration Services failed to issue employment authorization to L-2 visa holders despite the clear statutory language, according to Jon Wasden, one of the American Immigration Lawyers Association’s lawsuit partners, who spoke to The Indian Express.
The second problem concerned H-4 visa holders whose work permits had already expired when they were in that status. This group consistently passed the legal deadline for an automatic extension of Employment Authorization Documents, but the agency made them go through a renewal procedure, according to Wasden.
By eliminating some of the bottlenecks, the new US Citizenship and Immigration Services oversight is expected to help many L-1 and H1-B spouses keep their jobs. Indian IT specialists employed by US businesses make up a sizable portion of the nation’s H-1B visa holders.
Some H-4 categories had already received work clearance from the Obama administration. According to US government data, nearly 90,000 H-4 visa holders have been granted permission to work.
Why The Change In Policy
The action is a result of the Shergill, et al. v. Mayorkas battle settlement between the American Immigration Lawyers’ Association and the US Department of Homeland Security. situations involving plaintiffs in H-4 and L-2 status who wanted to prolong or extend their employment licence.
Shergill was an extension of a pending lawsuit, filed in March, that sought lawful status and work authorisation. The American Immigration Lawyers’ Association contended that H-1B and L-1 dependents were made to lose their jobs as a result of processing delays for work permits in the present Shergill case.
According to the plaintiff in the case, an H-1B visa holder’s wife from India named Divya Jayaraj, originally came to the US to study. She submitted an application to renew her H-4 status following her spouse’s extension in August 2020. However, Jayaraj was fired “as a result of agency inaction”.
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Wasden told PTI that individuals with H-4 visas always passed the legal requirements for the automatic renewal of job authorisation documents. The agency, however, made them wait for renewal. Without cause, people were losing well-paying employment, which was bad for both them and US companies.
The settlement reverses the agency’s previous rule that prohibited H-4 holders from receiving automatic extensions of their job authorization while their applications were being processed. Additionally, it will let L-2 holders gain automatic work permits based on their position, removing the need for managers’ and executives’ spouses to first file for employment authorization documents before starting employment.
