05 Feb

US Senate plans 100K work authorizations

A bipartisan agreement backed by the White House has announced significant relief to H-1B visa holders and their families. The National Security Agreement, announced on Sunday has introduced automatic work authorization for approximately 100,000 H-4 visa holders. These individuals are spouses and children of a specific category of H-1B visa holders.

The agreement also addresses concerns related to approximately 250,000 aged-out children of H-1B visa holders, providing a solution to their status.

This news will particularly help Indian tech workers who have been enduring prolonged waits for Green Cards. Without a Green Card, their spouses are unable to work, and their children, who age out during the process, face the risk of deportation.

US President Joe Biden highlighted the long-standing issues with the immigration system, emphasizing the need for reform to enhance national security, border security, fair and humane treatment, and preservation of legal immigration.

The bill introduces ageing-out protection for children of long-term H-1B visa holders, given that the kids have maintained H4 status for eight years. Additionally, it allocates an extra 18,000 employment-based green cards annually for the next five years, with country caps. This means the US will issue 158,000 employment-based green cards each year over the next five years.

The legislation grants work authorization to approximately 25,000 K-1, K-2, and K-3 nonimmigrant visa holders and about 100,000 H-4 spouses and children of certain H-1B non-immigrant visa holders who have completed immigrant petitions. This eliminates the need for them to wait for approval before starting work in the United States.

The H-1B visa, crucial for technology companies, allows them to hire foreign workers in specialty occupations requiring theoretical or technical expertise. The bill aims to expedite work permits, creating more opportunities for families and ensuring vulnerable, unaccompanied young children have paid legal representation.

The bill also provides work authorization to asylum seekers upon receiving positive protection screening determinations, allowing them to support themselves and their families sooner than the current 180-day waiting period. Additionally, it raises the cap on immigrant visas by adding 250,000 over five years, prioritizing family reunification and giving US businesses access to more workers.

The bill also offers relief to over 250,000 individuals who arrived in the US as children on their parents' work visas, many of whom are from India. These individuals, having lawfully resided in the US since childhood, can temporarily remain in the country with work authorization.


The bill, among other provisions, allocates resources to assist US allies and partners in the Indo-Pacific region to address challenges from an assertive China. It also earmarks $48.43 billion for continued US support to Ukraine in its struggle against Russia. The White House urges swift passage of the bill by the US Congress.