The U.S. Department of Homeland Security is facing pressure from a group of House Democrats to accelerate the processing of work permits for a group of visa holders. Individuals with H-4 and L-2 visas continue to face long delays in processing employment authorization, causing financial hardships. H-4 visas are granted to spouses of H-1B visa holders and L-2 visas are for individuals who are spouses of executives transferred to the U.S. with L-1 visas.
Individuals affected by the continued delay in processing work permits are taking some drastic measures unnecessarily. These people held paying jobs where they were performing well. However, without valid work authorization, they were removed from their jobs.
Previously, USCIS was instructed to issue a 180-day automatic extension of the employment authorization document (EAD) for qualifying individuals. Individuals with L-2 visas will be allowed to work in the U.S. by default. Those with H-4 visas may qualify for an automatic extension of their current work permits for up to six months. In addition, USCIS removed the biometric screening requirement for spouses of work-visa holders, further streamlining the processing requirements.
However, the backlog continues. The House members proposed reviewing the spouses’ visa and the work authorization combined, rather than separately. This would be a return to policy prior to the Trump administration, where it was separated. In addition, the recommendation to include H-4 and L-2 visas in the premium processing program is suggested.
If you have questions about employment-based visas, contact us at ILBSG. We continue to monitor ongoing proposed policy changes and work with our clients to ensure they get the right advice. See how we can help you.
