A lawsuit filed by a group of visa holders stating U.S. Citizenship and Immigration Services (USCIS) had unlawfully denied work permits for spouses of certain foreign workers has been resolved. USCIS will automatically issue work permits, or provide extensions on existing work permits, for qualifying individuals. The announcement resolves the lawsuit originally filed in September 2021 by a group of noncitizen spouses of foreign workers.
In the lawsuit, L-2 visa holders stated that by law they were not required to apply for a work permit. The H-4 visa holders stated an automatic extension should be granted as long as they filed for the extension prior to their authorization date expiring and no change to their employment authorization category.
Per the settlement, USCIS stated policies will be updated to provide work permits automatically for individuals eligible for H-4 and L-2 visas based on their partners’ H-1B visas or executives who have transferred to the U.S. Individuals with L-2 visas will receive work permits by default. Individuals with H-4 visas are eligible for the automatic extension of their work permits for up to six months, as qualified. The H-4 extension does not apply to individuals who are simultaneously requesting an extended stay in the U.S. beyond their current authorization. This resolution also addresses the claims of other L-2 spouses in a related lawsuit filed over unlawful processing delays at USCIS.
As a result, it is expected that millions of applications will no longer need to be filed, freeing up existing resources to hopefully improve the timeliness of processing.
ILBSG continues to monitor ongoing legislation and policy for U.S. immigration. If you have questions about your work permit, whether H-4, L-2, or any other employment-based visa, contact us. We put our expertise and experience to work for you to ensure you get the right advice.
