June 26, 2022

In an attempt to ease the immigration process, the United States federal government led by President Joe Biden has decided to provide automatic work authorisation permits to spouses of H-1B visas holders.

This decision taken by Biden administration is expected to benefit several thousand Indian-American women.

The Department of Homeland Security came up this move in response to a class-action lawsuit filed by the American Immigration Lawyers Association (AILA) representing immigrant spouses.

According to AILA’s Jon Aadesh, this (H-4 visa holders) is a group that always met the regulatory test for automatic extension of EADs (employment authorisation documents), but the agency previously prohibited them from that benefit and forced them to wait for reauthorisation. He further said that people were suffering and they were losing their high-paying jobs for absolutely no legitimate reason causing harm to them and US businesses.

Responding to this move by the Biden administration, AILA said that though this is a giant achievement, the parties’ agreement will further result in a massive change in position for the USCIS, which now recognises that L-2 spouses enjoy automatic work authorisation incident to status, meaning these spouses of executive and managers will no longer have to apply for employment authorisation prior to working in the United States.