Lawsuit Challenging Existing L-2 and H4 Visa Rules

2.25 minute read

"Recently, 16 plaintiffs filed a lawsuit against the US Citizenship and Immigration Services (USCIS) in the Western District Court of Washington to challenge the existing US immigration policy regarding work authorization for spouses of the L-1 Visa and the H-1B Visa holders."

Written by My Visa Source Team
Published on: Oct 22, 2021

Recently, 16 plaintiffs filed a lawsuit against the US Citizenship and Immigration Services (USCIS) in the Western District Court of Washington to challenge the existing US immigration policy regarding work authorization for spouses of the L-1 Visa and the H-1B Visa holders. In 2015, the Barack Obama administration authorized the spouses of H-1B Visa holders to be gainfully employed in the US.

This lawsuit has been filed to claim that denying work authorization to the spouses of L-1 and H-1B Visa holders puts the strain on one person in the family and also robs the US market of highly educated and skilled workers while there is still a labor shortage.

What Is the Current Immigration Policy?

Spouses of L-1 and H-1B Visa holders are issued with an L-2 and H4 Visas respectively. Due to the current immigration policy, L-2 Visa holders have to wait for at least 10 to 15 months before a decision is made on their Employment Authorization Document (EAD) by the USCIS. This delay causes significant monetary loss to immigrant families as the family has to depend on the earnings of just one person. Also, due to USCIS delays, H4 Visa holders have to wait a long time for an extension of their visa, rendering them unable to be employed during this period.

What Does the Lawsuit Demand?

The lawsuit filed by the plaintiff demands that the L-2 Visa holders must be granted “incident to status” while their visa extension is still being processed to allow them to continue their employment status. This status will allow them to work without applying for separate work authorization.

While the USCIS does have a regulation to allow automatic extensions of work permits under certain circumstances, H4 and L-2 Visas rarely meet this criterion. Therefore, the lawsuit demands a provision for that.

How Can L-2 and H4 Visa Holders Extend Their Visa?

L-2 and H4 Visa holders can apply to extend their visas by submitting Form I-539, Application To Extend/Change Nonimmigrant Status to the USCIS. They can also apply for an extension at their nearest US Embassy or Consulate if they are out of the country. However, if the L-2 or H4 Visa holder already has an approved Employment Authorization Document (EAD), they will not be required to file Form I-539 to extend their status. Often, when the expiration date of their EAD and visa status does not align, L-2 and H4 Visa holders have to leave the country and apply for an extension overseas to avoid waiting for a year while the USCIS processes their application.