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Spouses Of H1B Visa Holders To Receive Automatic Work Permit Extension

Spouses of H-1B visa holders will soon benefit from an automatic extension to the H-4 visa work permit renewal period

Tue Dec 17 2024

BusinessBecause
Spouses of H-1B visa holders currently living in the US will receive an automatic extension of their work permit renewal period from January 2025, rising significantly from a maximum of 180 days to 540 days. 

The US Department of Homeland Security (DHS) confirmed the news in a recent announcement.  

The H-1B visa is a hugely popular route into employment in the US for professionals hailing from around the world who hold higher education degrees. It allows US companies to hire skilled workers into roles that require specialized knowledge—graduates of MBA programs and business master’s are eligible. 

Under current rules, H-1B visa holders can bring dependents—including spouses and unmarried children below the age of 21—with them to reside in the US for the duration of their working period. This period typically lasts three years, though H-1B visa holders have the possibility of extending their stay for a further three years. 

Under the current ruling, H-1B visa dependents are granted an H-4 visa and are eligible to apply for work authorization in the US on a temporary basis. The automatic extension of the H-4 visa work permit renewal period is scheduled to come into effect from January 13 2025. 

“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,” said Alejandro N Mayorkas, secretary of Homeland Security. 

Earlier this year the right of H-4 visa holders to work in the US came into question when Save Jobs USA, an organization of former tech workers claiming to have lost jobs to holders of H-1B visas, launched a legal challenge citing its impact on US-born workers. 

The employment right of H-4 visa holders, which is rooted in a 2015 federal rule brought in by the DHS during the Obama administration, was upheld by the US Court of Appeals for District of Columbia in August this year. Big Tech companies, which are consistently the leading sponsors of H-1B visas, were key supporters of H-4 visa holder’s right to work.