H-1B and L-1 Visa Spouses Benefit from New DHS Work Permit Extension Rule

In a move set to benefit thousands of families and strengthen the U.S. workforce, the Department of Homeland Security (DHS) has announced a landmark extension of the automatic work permit renewal period for spouses of H-1B and L-1 visa holders. Effective January 13, 2025, eligible individuals can enjoy a renewal period of up to 540 days, a significant increase from the current 180 days.

This update, which applies to applications submitted on or after May 4, 2022, was revealed by U.S. Citizenship and Immigration Services (USCIS). It aims to mitigate work disruptions caused by prolonged processing times that have been a source of frustration for many families, especially spouses of H-1B visa holders (H-4 visa) and L-1 visa holders (L-2 visa) navigating the green card process.

Easing Barriers for Families and Employers

DHS Secretary Alejandro N. Mayorkas highlighted the importance of this change:

“Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them.”

By reducing bureaucratic hurdles, this measure ensures that eligible workers can maintain employment without interruptions, providing relief to families and stability to businesses dependent on skilled labor.

Ur M. Jaddou, Director of USCIS, underscored the agency’s commitment to improving the immigration system:

“USCIS is committed to reducing unnecessary barriers and burdens in the immigration system to support our nation’s economy.”

The extension reflects broader efforts by USCIS to enhance work eligibility and streamline processes, including:

• Halving median processing times for employment authorization documents (EADs).
• Expanding online filing options.
• Reducing delays for asylum and adjustment of status applicants.

Challenges and Future Uncertainty

Despite the positive reception, concerns linger about the stability of the policy. Past attempts to revoke H-4 visa work permits in 2021 remind stakeholders that administrative changes could reverse progress. Advocacy groups emphasize the need for legislative measures to provide long-term security for visa holders and their families.

H-1B Cap Reached for Fiscal Year 2025

In a related update, USCIS announced that it has reached the congressionally mandated cap for H-1B visas for fiscal year 2025. This includes 65,000 regular visas and an additional 20,000 for U.S. advanced degree holders under the master’s cap. Registrants will soon receive notifications of their selection status via online accounts.

For those not selected, the status “Not Selected: Not eligible to file an H-1B cap petition based on this registration” will appear once notifications are finalized.

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