The US puts an end to automatic renewal for H4 visas

H4 EAD auto renewal no more

There’s a ruling from the US district court that the spouses of H-1B visa holders are not entitled to automatic renewals of their work permits. This ruling is related to holders of H4 visas and the renewal of their EADs.

Employment Authorization Document (EAD)
It was introduced by the Obama administration in 2015. It was meant to enable the spouses of certain categories of H-1B visa holders viz. The ones eligible for Green Card to work in the US. There are about 100,000 EAD holders in the US today.

45 H4 visa holders have filed a lawsuit against USCIS for this ruling. They claimed that USCIS unlawfully withheld an automatic, 180-day extension of their authorization to work in USA after the expiration of their EADs.

However, that lawsuit didn’t geta favorable decision. The judge stated that the legalities of the petitioners’ claim weren’t in line with thatof the automatic extension of their work permits.

An initial hearing on the case has been scheduled for November 19, 2020.

The elimination of the automatic renewal of the H4 work permit holders follows the Trump administration’s plan to scrap the B1 visa in lieu of the H-1B visa. A 60-day public comment period will be allowed for the proposed change in rule.

If you are looking to Study, Work, Visit, Invest or Migrate to USA, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.

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USCIS – United States Citizenship and Immigration Services

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Anshul Singhal

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