What Visa Applicants Should Know About H-1B Spouse Work Permit Extension

Published: March 6, 2025

The H-1B visa program is a significant pathway for American businesses to hire highly-skilled foreign talent. Approximately 386, 559 H-1B petitions were filed in FY 2023. Of these, a total of 386,318 petitions were granted approval. 

Individuals legally married to H-1B visa holders may be eligible for an H-4 visa. Such dependents can qualify to study in the US and secure employment authorization under certain restrictions. 

Lengthy processing times for employment authorization documents (EADs) are a common concern among H-4 visa holders. Because of delays in work authorization renewal, many H-4 dependent spouses have lost their jobs, driver’s licenses, and family income sources. 

In April 2022, the H-4 Work Authorization Act was introduced to address such challenges. The proposed legislation aims to grant spouses of H-1B visa holders automatic work authorization, eliminating the need to file a separate EAD application. Learn what the work permit extension means for H-1B dependent spouses. 

Overview of the Automatic EAD Extension Period

Before the H-4 EAD, there were limited opportunities for H-4 visa holders to secure employment in the US, placing financial and social strain on many families. The regulation to authorize H-4 visa holders to apply for work authorization is intended to alleviate such burdens. 

However, a group known as Save Jobs USA legally challenged the regulations shortly after its implementation. Specifically, the lawsuit claimed that the  US Department of Homeland Security (DHS) lacked statutory authority to allow H-4 visa holders to work during their stays in the US. 

They also argued that the rule would create unfair competition for US workers in the job market, particularly in tech. In August 2024, a ruling from the D.C. Circuit affirmed DHS’s authority to grant employment authorization to H-4 visa holders. The court denied the petition for rehearing, upholding the validity of the H-4 EAD program. 

Likewise, a policy was introduced on November 12, 2021, automatically extending the EAD of an H-4 dependent spouse for up to 180 days. But applications filed on or after May 4, 2022, can qualify for the extended automatic work permit renewal. 

On December 10, 2024, The DHS issued a final rule permanently extending the automatic work authorization to 540 days for H-4 visa holders with timely-filed EAD renewal applications. This regulation took effect starting January 13, 2025. 

Eligible Beneficiaries of the New EAD Rule

The new DHS rule mitigates the risk of EAD renewal applicants from employment authorization disruptions due to lengthy processing times of the United States Citizenship and Immigration Services (USCIS). 

The USCIS website provides a comprehensive list of individuals who may benefit from automatic EAD extensions. But H-4 dependent spouses of H-1B nonimmigrants will qualify for the new EAD rule if their H-1B spouses meet these criteria: 

• Has an approved Immigrant Petition for Alien Worker, which is essential for securing permanent residency
• Has been granted an H-1B status extension beyond the typical six-year limit under the American Competitiveness in the Twenty-first Century Act (AC21)

Implications of the Automatic EAD Extension Permanent Increase

The permanent increase in the automatic EAD extension enables spouses of H-1B visa holders to work uninterrupted. This enhances job security and flexibility for H1-B dependent spouses seeking employment. Besides helping H-1B families preserve financial and professional momentum, the 540-day automatic work permit extension can have the following implications in the long term: 

• Addresses employment gaps in specialized industries, particularly in technology, education, and healthcare
• Reduces the number of reapplications, helping the USCIS ease administrative backlogs
• Supports broader economic contributions from immigrant families
• Establishes a precedent for immigration policy reform. 

Contact ALG Lawyers to Handle Your Case Efficiently

Increasing the automatic EAD extensions helps ensure H-1B families reside and work together in the US while contributing to the US economy. But every situation is different. Hence, understanding your rights and alternatives regarding work authorization with an experienced Los Angeles immigration lawyer is crucial to ensure a seamless transition. Contact ALG Lawyers now for customized guidance on your immigration case.