To,
Respected President Biden, Vice President Harris, and House Speaker Pelosi,

The purpose of this petition is to address the issue of the right to work and be hired in long-term by the spouse of H1-B Visa worker on H-4 Visa holding an Employment Authorization Document (EAD) due to excessive delays for extensions at the USCIS.

As of now, all the service centers of the USCIS have the processing time for an extension of H-4 Visa is 18 months or more. The procedure dictates that when one applies for H-4 Visa extension concurrent with an extension of their EAD, the EAD extension request will be processed only after the adjudication of H-4 Visa application. The processing time for an extension of EAD it is +14 months. With this backlog, it could take about three years’ time to obtain an extension of EAD. The usual period for an extension of H-4 Visa and EAD is 90 days each. 

This excessive delays in extensions of H-4 Visa and EAD is causing many qualified individuals to lose jobs mid-way due to non-renewal of Visa and EAD in timeframe, in which the current H-4 and EAD expires. Knowing this fact and the hassle that comes with applying for the extensions and not getting them in time makes many employers to retract their job offers once they come to know that applicant is H-4 Visa holder with a limited duration EAD. The delays caused by USCIS in renewing EAD for H-4 dependent spouse of H1-B worker is creating joblessness, an unnecessary job gap, and putting families of H1-B Visa holders in emotional and financial duress.

President Biden, the right to work has a discriminatory tone as the responsible government agency is not able to deliver the service that grants the right to work. The cost of H-4 extension is $370 and for EAD it is $410. This is a total of $780 of added financial burden on H1-B families without any certainty of employment authorization. A typical H1-B Visa extension is for 3 years, a delay in extension for H-4 Visa and EAD together is about 3 years thus, it makes many renewed EADs useless when delay exceeds the date for renewal of H1-B as the H-4 and EAD dates are same as that of H1-B.

When an extension or transfer for H1-B Visa is filed with the USCIS, the H1-B worker maintains the right to work even when the previous H1-B Visa authorization expires while an extension or transfer application is in process at the USCIS. A receipt notice showing that an application for an extension or transfer of H1-B status has been filed with the USCIS - and until the time of the final adjudication - the applicant can work with their current employer in case of extension, or with their new employer in case of a job-change.

When an extension application for H-4 Visa and EAD is filed then the only right that the H-4 spouse of H1-B worker retains is the right to remain in the country while waiting for an adjudication for H-4 Visa application. The spouse loses the right to work as soon as their EAD expires even whilst their H1-B spouse continue to work while waiting for the H1-B’s adjudication. Note that in most cases, H-4 spouses apply for their extension of H-4 Visa and EAD much before their expiration dates and still lose the right to work due to excessive delays. The spouse receives a receipt notice for their application for an extension of H-4 Visa and EAD while in waiting.

We petition you to allow the H-4 Visa holders who are waiting for their H-4 Visa and EAD extension/ renewals with receipt notices, the right to work while waiting for an adjudication by the USCIS, granting them the same allowance as their H1-B spouse has.

The American dream can only be fulfilled by holistic government policies that make it possible for the talented and contributing immigrants to feel welcome while, also allowing them the right to work and prosper.

We hope that you will address this issue as a priority to help many people who are on H-4 EAD status and who have or will be losing jobs as their EAD extensions cannot come before the expiry of their current EAD due to the unusual delays by the USCIS.

Sincerely,