H1B Visa Holders' Spouses to Receive Work Permit Extension

The U.S. Department of Homeland Security (DHS) has announced a significant policy change affecting spouses of H-1B visa holders. Effective January 13, 2025, the automatic extension period for H-4 visa holders' Employment Authorization Documents (EADs) will increase from 180 days to 540 days.

This adjustment aims to alleviate employment disruptions caused by processing delays in work permit renewals. By extending the automatic renewal period, H-4 visa holders can maintain their employment status while awaiting the issuance of renewed work permits. This change is expected to benefit many, particularly Indians, who represent a large portion of these visa categories.

Alejandro Mayorkas, Secretary of Homeland Security, stated that this policy 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.

This development follows a recent decision by the U.S. Court of Appeals for the District of Columbia Circuit, which upheld the right of H-4 visa holders to work in the United States. The court rejected a challenge to a federal rule implemented under former President Barack Obama that allows spouses of H-1B visa holders to work in the U.S., affirming the Department of Homeland Security's broad authority to regulate the conditions of admission for visa holders.

The extension of the automatic work permit renewal period is anticipated to provide greater job security and stability for H-4 visa holders, enabling them to continue contributing to the U.S. economy without interruption.