Permits Foundation launches position paper: Dependent work access and US immigration reform

Following the Biden administration announcement of the U.S. Citizenship Act of 2021 and with further immigration proposals expected, Permits Foundation has launched a new position paper on dependent work access and US immigration reform. The paper sets out three key reasons to improve employment access for dependents of L1, H1-B, E, O and J1 visa holders. Several recommendations are proposed along side supporting information to underpin where policy change would help to achieve a more efficient and inclusive immigration system, boosting knowledge transfer and investment and without negatively impacting American jobs.

The full paper is available here. The recommendations are as follows:

1. A process that is fair and efficient

• In line with international good practice, direct work access for eligible dependents of nonimmigrant visa holders, removing the additional step of requiring an Employment Authorization Document (EAD)
• Where the EAD remains, minimize processing time to significantly below 3 months
• Continued work access for dependents upon proof of receipt of having filed an EAD extension application
• Processing and adjudication of principal applicant and dependent applications together
• Removal of biometric requirements for dependent visa and EAD extensions where biometrics are already on file/allowing work access while biometric appointment is pending
• An affordable premium processing option for dependents, with funds raised going towards addressing regular processing delays

2. Working together to build back better

• Provide employment authorization for all H4 spouses
• Provide employment authorization for O3 spouses
• Ensure that those H4 spouses who can currently access employment, have this right enshrined in statute so their job security is not at risk of repeal in future

3. Making families matter

• Facilitate work access for other family members of highly-skilled nonimmigrants (in particular, working age children and non-married partners)
• Protections for children of L, E,O and H1-B visa holders at risk of ageing out of the system when they turn 21

Through 2021 and beyond, Permits Foundation will make the case to the Department of Homeland Security, US Citizenship and Immigration Services and US Congress representatives to take up our recommendations, both where there can be short term solutions and via longer term legislative change. We offer our support and assistance to the authorities and to representatives from both sides of the House.

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