H-1B, L-1 visa spouses: US to renew work permits automatically from January

Good news for spouses of H-1B and L-1 visa holders. The US Department of Homeland Security (DHS) has announced an automatic extension of the work permit renewal period for H-4 and L-2 visa holders, increasing it from 180 days to up to 540 days. This change is expected to benefit many, particularly Indians, who represent a large portion of these visa categories.

 

The updated rule, effective from January 13, 2025, applies to Employment Authorisation Document (EAD) renewal applications that were either pending or filed on or after May 4, 2022.

 

“The final rule will continue to help prevent eligible renewal EAD applicants from experiencing a lapse in employment authorisation and/or the validity of their EAD due to lengthy processing times,” DHS said in a press release.

 

Alejandro N Mayorkas, Secretary of Homeland Security, said, “Increasing the automatic extension period for certain employment authorisation 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.”

 

"US Citizenship and Immigration Services (USCIS) is committed to reducing unnecessary barriers and burdens in the immigration system to support our nation’s economy,” said Ur M Jaddou, Director of the USCIS.

 

What are the H-1B, H-4, L-1, L-2 visas?

 

The H-1B visa is a non-immigrant visa that enables US employers to hire foreign professionals in specialised fields. Common industries include technology, engineering, finance, and architecture, with roles requiring at least a bachelor’s degree. It is a cornerstone of the US tech industry, which relies heavily on foreign talent.

 

The H-4 visa is available to the dependants of H-1B visa holders, including spouses and unmarried children under 21. While primarily allowing family members to accompany the H-1B holder, some H-4 visa holders can also seek work authorisation under specific conditions.

 

The L-1 visa is used by companies to transfer employees in executive, managerial, or specialised knowledge roles from their international offices to US branches. It is divided into two categories: the L-1A for executives and managers, valid for up to seven years, and the L-1B for specialised knowledge employees, with a maximum stay of five years. This visa allows dual intent, permitting holders to apply for permanent residency while in the US.

 

The L-2 visa is for dependants of L-1 visa holders, such as spouses and unmarried children under 21. L-2 visa holders are often eligible to work or study while residing in the US.

 

How Indians will benefit

 

In 2023, the US issued 76,671 L-1 visas and 83,277 L-2 visas. While nationality-specific data is not available, Indian nationals are known to form a significant portion of these categories due to their prominence in the US IT and corporate sectors.

 

Indians also dominate the H-1B category. In the financial year 2023, they accounted for 72% of all H-1B visas issued, and this trend continued in 2024, with Indian nationals receiving 72.3% of the total 386,000 H-1B visas, according to the Migration Policy Institute. The number of H-4 visas issued to Indians is not disclosed, but the overwhelming presence of Indian H-1B visa holders suggests a substantial overlap.

 

“The extension of the automatic work permit renewal period from 180 days to 540 days is a game-changer for H-4 and L-2 visa holders, particularly for thousands of Indians who form a significant share of these categories. This move offers much-needed relief, reducing the stress of employment disruptions due to permit processing delays," Varun Singh, Managing Director of XIPHIAS Immigration told Business Standard.

 

"For families relying on dual incomes and professionals striving to maintain career continuity in the US, this decision ensures stability and financial security,” he added.