L-1 (person who work in a managerial or executive capacity or specialized knowledge) spouses or L-2 visa holders will get the extension without applying for it. On the other hand, H4 visa holders will still have to apply for an extension after their employment permit expires.
During the Covid-19 pandemic, the US delayed the working permissions, and immigrant spouses were losing their jobs and opportunities to work in the country because they were not able to get their Employment Authorization Document (EAD). Over 90% of H4 applicants who had their jobs threatened were Indian women. In March, a group of mainly Indian nationals and lawyers filed a class-action suit challenging this US immigration policy that prevents L-2 and H4 visa holders from working till they don't have a work permit.
Changes in the policy
The result of the lawsuit came in November this year, bringing some following policy changes to be implemented. The most significant change is that spouses of E-visa holders and L-visa holders can continue to work without applying for work authorizations. They essentially will be able to work just by being dependent on people who have this visa status. Of course, if they want to get the actual card to show to an employer, they can apply for Form765 and get one physical working card. But, by law, just because they are dependents of L or E-visa holders, they can already work legally in the USA. Some changes in the spouse policy are:
Firstly, it provides that certain spouses of H4, E-visas and L-visas are going to qualify for an automatic extension for their work permit, as long as they apply for the application for that before it expires. Besides, they must have a valid I94 showing that they have the status of their visa dependent.
Secondly, this automatic extension of the EAD will continue until the earliest of: either the end date of the I94 card, showing that they have valid status, or until the approval or denial of their EAD, or 118 days from the expiration of their previous EAD.
The third policy update provides the opportunity to justify the working extension requirement with different documents, such as an unexpired I94 showing that they have H4, E or L-visa status dependent; a receipt of the I765 filling for the extension of the EAD; expired EAD card that was filled in the same category as proof of extension.
The bottom line is that this settlement is huge for all the spouses who weren't able to work because of the delay of EAD cards. So, this is a big win as it is going to help the economy and immigrant spouses to work regularly in the US.
Social importance
According to the Migration Policy Institute, women and girls made up slightly more than half of the 44.7 million immigrants residing in the United States in 2018. Besides, most of the affected spouses of US immigrants, who can't work due to lack of legal authorizations, are also women. Therefore, Biden's policy change not only integrates immigrant women into the labour force and reinforce the economy but also fills a gender gap in the country.
The previous format of the settlement restricted women to the domestic sphere, leading them to housework and caring tasks. Such activities historically confine women to a non-remunerated work that is neither socially acknowledged nor respected. This is called the sexual division of labour, a tendency which is usually ignored by governments as if women had a “natural instinct or gift” to domestic tasks.
Biden's consideration of the plea of expat women is a significant step in the US immigration policies. Most spouses who have managed to find a way to continue their careers in the country can be empowered to maximize their opportunities or to return to the workforce.
Since the most affected expats as spouses are women, there are groups such as as the International Spouses Meetup in St Louis, Missouri, that have been empowering women. They are a network dedicated to connecting women spouses around the US. E. Moreira joined the group in February, 2021 and comments on the importance of the connection. “I'm so glad to be part of this group! I felt so welcomed and understood by meeting people that are in the same situation as me. I've learned so much about job hunting, cooking dishes from all around the world, and met amazing women. Likewise, I highly recommend the program to all foreigners that I know.”
What does this mean for expats?
Although the new settlement can seem a perfect outcome for expats and trailing spouses, there are certain details inferred in the new policy, as only some visas (H1B, E-visa and L-visa) are going to be embraced by the new policy. The first is for very specific specialists who can't be found in the US; the second is for treaty traders and investors who came to the States under a treaty of commerce and navigation; and the third is for executive positions. It can be inferred that only expats' spouses with a high level of studies and work will be able to access the new policy.
According to the statistical portrait of immigrants in the US in 2018, 49.2% of them have been only in high school or less, and 14.6% live in poverty. Therefore, the changes are important but are not integral, as it leaves the majority of immigrants behind.
