How to Get Automatic Work Permit for 540 Days: America has taken a new step and given a sigh of relief to visa holders and their families. The US Department of Homeland Security (DHS) has extended the automatic extension period of work permit to 540 days. This decision will especially benefit the wives of H-1B visa holders (H-4 visa) and the wives of L-1 visa holders (L-2 visa). Now the problems faced by them in employment and running the family will be reduced to a great extent. This step is also a great good news for the Indian community living in America.
If you are an H-1B visa holder or someone in your family is like this, then this news has brought happiness for you. The US Department of Homeland Security (DHS) has recently taken a big decision, which will make life a little easier for H-4 and L-2 visa holders. Now the period of automatic extension of work permit has been increased from 180 days to 540 days.
What is this US Automatic Work Permit New Rule?
The US Department of Homeland Security has announced that this new rule will come into effect from January 13, 2025. This change will apply to all those who have applied for renewal of their Employment Authorization Document (EAD) on or after May 4, 2022, or whose applications are still pending.
This move has also brought relief to businesses that were struggling with a shortage of employees. This decision of DHS will help American employers retain employees.
Changes in EAD Renewal Rules
| Parameter | Old Rule | New Rule |
| Automatic Extension Period | 180 days | 540 days |
| Effective Date | Not immediate | From January 13, 2025 |
| Eligible Applications | Previously filed | Applications filed on or after May 4, 2022 |
| Primary Beneficiaries | H-4 and L-2 visa holders | H-4 and L-2 visa holders |
With this rule, the families of H-1B and L-1 visa holders will definitely get some relief now. But it remains to be seen how effective this decision proves to be in the long run.
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Why was this decision taken?
DHS has taken this decision keeping in mind the feedback from the business community. The US Citizenship and Immigration Service (USCIS) said that this step will ensure greater stability for employers.
DHS Secretary Alejandro N. Mayorkas said, “The US economy has created more than 16 million jobs since January 2021. We want to help businesses fill these positions through this change.”
He also pointed out that increasing the period of automatic extension of EAD will reduce procedural hurdles and ensure that thousands of people who are eligible for employment can continue to contribute to their community.
Who will be the beneficiaries?
This new rule is mainly beneficial for H-4 and L-2 visa holders.
H-4 Visa: This visa is granted to dependents of H-1B visa holders, which includes their spouses and unmarried children under the age of 21.
L-2 Visa: This visa is granted to dependents of L-1 visa holders, which includes their spouses and unmarried children under the age of 21.
The H-1B visa generally allows US employers to hire foreign nationals in specialty fields, while the L-1 visa is used by companies to transfer employees from their overseas offices to the US.
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USCIS Ideas and Efforts
USCIS Director Ur M. Jaddoo said, “We are committed to reducing unnecessary barriers and supporting our country’s economy.”
She also added that this new rule will help employees whose EAD renewal applications are submitted on time so that they do not face gaps in employment authorization.
USCIS has also taken other steps to reduce EAD processing time. These include:
- Half the EAD processing time for applicants who have applied for adjustment of status.
- Increasing the EAD validity period from two years to five years for certain categories.
- Speeding up the EAD application process for refugee and parolee applicants.
- Expanding online filing for EAD applications.
Why is this decision important?
This decision can prove to be a big boost for the US economy. While on one hand it will help businesses retain skilled employees, on the other hand it will provide economic stability to the families of visa holders.
Currently, many H-4 and L-2 visa holders had to wait a long time for the renewal of their work permits. This forced them to leave the job. Under this new rule, their employment authorization will continue even if there is a delay in the EAD renewal process.
What is the motive behind these changes?
Now you must be wondering why the US government suddenly became so kind? It is not that they have started loving Indian and other countries’ visa holders so much now. Actually, this step has been taken to strengthen the US economy and keep the companies there running.
We should also not forget that this rule is for those who have already applied. That is, if you have forgotten to apply, then this relief is of no use.
Conclusion
This move of DHS has definitely brought relief to many visa holders. This decision will not only protect their employment rights, but will also save American businesses from the shortage of skilled workers.
Still, it is very important to understand the processes related to this decision and apply on time. Hopefully, in future USCIS will take better steps so that visa holders have to face minimum trouble.
