US EAD Renewal: Spouses of H-1B visa holders are also permitted to work in the US. They are issued an Employment Authorization Document (EAD) for this purpose.
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US Work Permit Renewal: Spouses of H-1B visa holders working in the US are granted H-4 visas to stay in the country. They are also permitted to work in the US, for which they receive an Employment Authorization Document (EAD). However, in October, President Donald Trump’s administration announced the end of automatic renewal of work permits like EADs. This made it difficult for spouses of H-1B visa holders to work in the US. They were no longer able to access renewals as previously.
MPs want to change the rules of the Trump administration
However, preparations are now underway to overturn the Trump administration’s rule. A group of Democratic lawmakers has introduced a resolution to repeal the recent Interim Final Rule issued by the US Department of Homeland Security (DHS). Those who introduced the resolution include Senate Judiciary Immigration Subcommittee members Alex Padilla, Jacky Rosen, and several other lawmakers. The Interim Final Rule eliminated automatic work permit renewal for H-4 holders and several other categories of foreigners.
What harm was caused by the end of automatic renewal?
In fact, there are over 100,000 Indian citizens in the US who are spouses of H-1B visa holders. All of them have EADs. After the implementation of the “Interim Final Rule,” they cannot work once their EADs expire. Under the new rules, they have to wait to resume employment until USCIS approves and renews their EAD application. The biggest problem is that applications for EAD renewal must be submitted 180 days before expiration, but USCIS takes longer to process the application. This means that they cannot work until they receive their EAD.
What were the rules for EAD renewal previously?
Under the old rule, the EAD was automatically extended for up to 540 days. This allowed H-4 visa holders to continue working even after applying for renewal. They simply had to apply to USCIS for renewal of their EAD. Even if USCIS granted renewal after six months, H-4 holders could continue working until then. With the end of this rule, if the EAD has expired, the H-4 holder will have to stay at home until they receive a new, renewed work permit.
Which rule will Trump’s decision change?
Under the old rule, the EAD was automatically extended for up to 540 days. This allowed H-4 visa holders to continue working even after applying for renewal. They simply had to apply to USCIS for renewal of their EAD. Even if USCIS granted renewal after six months, H-4 holders could continue working until then. With the end of this rule, if the EAD has expired, the H-4 holder will have to stay at home until they receive a new, renewed work permit.
Which rule will Trump’s decision change?
Overall, the hopes of H-4 holders now rest entirely on this proposal. Congressman Alex Padilla said, “Donald Trump and Stephen Miller are preventing non-citizens from working here legally, which is harming our economy. Not only that, but also the companies that depend on their contributions.” Immigration lawyers say the DHS rule could be challenged in court because public opinion was not sought before implementing it.
