The United States government has decided to permit automatic job authorization for spouses of H-1B visa holders. 

The decision has been taken by the US government after the American Immigration Lawyers’ Association filed a class-action lawsuit for immigrant spouses. However, the move will be beneficial to thousands of Indian immigrants in the US, including those who lost their jobs owing to the delays in the processing of work authorization applications.

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The USCIS (US Citizenship and Immigrant Services) has been instructed by the US court to allow automatic extension on work authorization for up to 180 days for spouses of H1-B and L-1 visa holders. 

In contrast, the spouses of H-4 visa holders will be required to apply for a work authorization extension post the expiry of their employment permit. While the spouses of L-1 visa holders will be eligible to get an extension without applying.

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As per the US government data, around 94% women constitute H-4 visa holders, of which 93% belong to India. A huge number of H1-B visa holders in the US are Indian IT professionals working for the US companies in the country.

However, this new policy is expected to remove some of the obstacles that forced many L-1 and H1-B spouses out of jobs. Earlier, the Obama administration offered work authorization to certain immigrants holding H-4 categories. 

Furthermore, the US government data stated that around 90,000 H-4 visa holders have been granted work authorisation. 

The US government has taken the move from Shergill, et al. v. Mayorkas case. Shergill was an extension of a pending lawsuit that seeks lawful status and work authorisation, that was filed in March, 2021.