H-1B visa holders’ spouses to get automatic work permit

The settlement in this regard was reached by the Department of Homeland Security in a class-action lawsuit, which was filed by the American Immigration Lawyers Association (AILA) on behalf of immigrant spouses this summer.

“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 forced them to wait for reauthorisation. They were losing their high-paying jobs for absolutely no legitimate reason causing harm to them and US businesses,” Jon Wasden from AILA said.

The litigation successfully achieved the reversal of the US Citizenship and Immigration Services (USCIS) policy that prohibited H-4 spouses from benefiting from the automatic extension of their employment authorisation during the pendency of stand-alone EAD applications.