Indians in court against US immigration policy |
A group of mainly Indian nationals has filed a class action suit challenging the US immigration policy that prevents L-2 visa holders from working until they get a work permit. The suit was filed last week in the US District Court for the Western District of Washington by a group of 15 plaintiffs, of which 13 are Indian nationals. By statute, L-2 visa holders, or spouses of L-1 visa holders, are authorised employment incident to status. As a result, the applicants have to go without a job for 10-15 months while they wait for the immigration agency to adjudicate on their petition. The lawsuit also calls for enabling automatic extension of employment authorisation documents or EADs for H4 visa holders, or spouses of H-1B visa holders, if they meet certain criteria set down in the policy handbook, a practice that isn`t followed by the agency. Extensions of H-4 and L-2 status cannot exceed the duration of the primary beneficiary`s approved stay. An L-2 or H-4 visa holder, whose spouse`s extension of stay has been approved by USCIS can extend her (or his) status by filing Form 1-539 with USCIS. Or she/he can depart the US and apply for a visa at the consulate. Some H-4 and L-2 applicants for an employment authorization document – EAD (work permit) already have approved status, and do not need to file a Form I-539 to extend status. They merely need their EAD adjudicated to enable them to work.
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