Spouses of Immigrant Employees Don’t Need to Apply For Work Permits

Thousands of spouses of immigrant workers no longer need to apply for a work permit. A work permit (Employment Authorization Document) is an official document that grants immigrants an opportunity to apply for jobs, get hired, and onboarded at a U.S. business. Regardless of status, it can take 5-7 months to even get one after applying for a permit or renewal.

Work visas attorneys would tell you not to worry if you’re concerned about pursuing employment opportunities moving forward. After the Biden administration settled a class-action lawsuit several weeks ago, spouses of L-1 visa holders will receive authorization to work automatically. In March, the American Immigration Lawyers Association (AILA) filed against the Department of Homeland Security for the processing delays. Aside from Covid, thousands were losing their jobs and at risk of deportation and removal.

Now, with this policy adjustment, H-4 and H-1B visa holders can also expect to receive the same privilege. But for now, those with expiring EAD visas will see an automatic extension after filing for renewal. Particularly those with H-4 and L-2 derivative work visas under the Immigration and Nationality Act (INA) have been impacted, according to Boundless.

When a person’s EAD expires and hasn’t received approval, it is illegal for employers to allow them to continue working in the U.S. Most immigrants waiting on agencies to review their applications were out of luck; they often required legal immigration help when processing took longer than 30 days.

Applying for work permits has changed significantly since the Trump-era administration. The previous complication immigrant spouses faced was the biometric requirement per renewal process. It took longer and put a strain on visa processing – adding to the already overwhelming backlog of applications.