H-1B, L-1 visa spouses: US extends work permits by up to 540 days

Here is good news for spouses of H-1B and L-1 visa holders in the US. The Department of Homeland Security (DHS) has announced permanently increasing the automatic extension period of employment authorisation and employment authorisation documentation from up to 180 days to up to 540 days.

This applies to eligible noncitizens who file a timely request to renew their work authorisation. This announcement responds to feedback from the business community to create more certainty for employers, DHS said in a media release.

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The “final rule” announced DHS will become effective on January 13, 2025, and will apply to eligible applicants (spouses of H-1B visa holders (H-4 nonimmigrant status) and spouses of L-1 visa holders (L-2 – including L-2S nonimmigrant status) with timely filed renewal EAD (employment authorisation documents) applications pending or filed on or after May 4, 2022.

“This is the latest step by the Biden-Harris Administration to keep eligible work-authorized individuals in the workforce, supporting our local economies, businesses, and communities,” DHS said.

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U.S. Citizen and Immigration Services (USCIS) said, over the past several years, it has significantly reduced processing times for EAD applications as part of its ongoing efforts to help support the US economy, its employers, and those who Congress has made eligible to work in the country.

“This final rule continues these efforts by reducing the likelihood that lapses in employment authorization for eligible noncitizens will occur, while U.S. Citizenship and Immigration Services adjudicates their EAD renewal requests and better ensure continuity of operations for U.S. employers. The need is clear, as USCIS received and processed a record number of EAD applications this year,” it added.

“Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy.”

“USCIS is committed to reducing unnecessary barriers and burdens in the immigration system to support our nation’s economy,” said USCIS Director Ur M. Jaddou. “This final rule will help U.S. employers better retain their workers and help prevent workers with timely-filed EAD renewal applications from experiencing lapses in their employment authorization and employment authorization documentation through no fault of their own.”