The US govt made another positive immigration-friendly decision to provide automatic work authorization permits to spouses of H-1B visa holders, this move would benefit thousands of Indian-American women.
The Department of Homeland Security in a class-action lawsuit made this settlement since it was filed by the American Immigration Lawyers Association (AILA) on behalf of immigrant spouses this summer.
"This (H-4 visa holders) is a group that always met the regulatory test for automatic extension of EADs (employment authorization documents), but earlier the agency prohibited them from taking the benefit and they were forced to wait for reauthorization. People were suffering as they were losing their high-paying jobs for absolutely no legitimate reason causing harm to them and US businesses," Jon Wasden from AILA said.
The litigation successfully achieved the reversal of the US Citizenship and Immigration Services (USCIS) policy that prohibited H-4 spouses from benefiting from the automatic extension of their employment authorization during the pendency of stand-alone EAD applications.
"Although this is a giant achievement, the parties' agreement will further result in a massive change in position for the USCIS, which now recognises that L-2 spouses enjoy automatic work authorization incident to status, meaning these spouses of executive and managers will no longer have to apply for employment authorization prior to working in the United States," AILA said.
"We are delighted to have reached this agreement, which includes relief for H-4 spouses, through our litigation efforts with Wasden Banias and Steven Brown. It is gratifying that the administration saw that settling the litigation for non-immigrant spouses was something that should be done, and done quickly," said Jesse Bless, AILA director of federal litigation.
Nearly 90 percent of H-4 workers are highly paid women from India with college degrees. The employment reauthorization has also allowed workers to launch businesses that employ tens of thousands of Americans whose jobs are at risk.