Beginning January 2025, spouses of H-1B visa holders residing in the United States will see a significant change in their work permit renewal process. The automatic extension period for renewing work permits will increase from the current maximum of 180 days to 540 days, according to the U.S. Department of Homeland Security (DHS).
The H-1B visa remains a highly sought-after pathway for professionals worldwide, particularly those with advanced degrees, to secure employment in the United States. This visa enables American companies to hire skilled workers for specialized roles, often filled by graduates from MBA and business master’s programs.
H-1B visa holders are permitted to bring their dependents, including spouses and unmarried children under 21 years old, to live with them in the U.S. for the duration of their visa. Initially granted for three years, the visa can often be extended for an additional three years.
Dependents of H-1B visa holders are issued H-4 visas, which allow them to reside in the U.S. and apply for temporary work authorization. The upcoming changes to the automatic extension period for H-4 visa work permit renewals will come into effect on January 13, 2025.
“Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy,” remarked Alejandro N. Mayorkas, Secretary of Homeland Security.
The right of H-4 visa holders to work in the U.S. has faced challenges. Earlier this year, a legal dispute arose when Save Jobs USA, an organization of former technology workers, questioned this employment privilege. The group argued that allowing H-4 visa holders to work negatively impacts job opportunities for U.S.-born workers.
The employment authorization for H-4 visa holders, established through a 2015 federal rule introduced during the Obama administration, was upheld in August 2023 by the U.S. Court of Appeals for the District of Columbia. Major technology companies, which are leading sponsors of H-1B visas, strongly supported maintaining work rights for H-4 visa holders.
This extension aligns with efforts to reduce administrative delays and supports the continued integration of skilled workers and their families into the U.S. economy. It represents a significant step forward for many families navigating visa renewals and work authorization processes.