USCIS Begins Employment Authorization to Certain H-4 Spouses Says Rabinowitz & Rabinowitz | Law Firm Newswire

USCIS Begins Employment Authorization to Certain H-4 Spouses Says Rabinowitz & Rabinowitz

Dallas immigration lawyers

Dallas immigration lawyers - Rabinowitz & Rabinowitz, P.C.

Dallas, TX (Law Firm Newswire) July 24, 2015 – Beginning May 26, the U.S. Citizenship and Immigration Services (USCIS) began accepting applications for employment authorization from qualifying H-4 spouses of H-1B visa holders.

An H-1B visa is a non-immigrant visa classification that allows a U.S. employer to temporarily employ a foreign worker in a specialty occupation that requires at minimum a bachelor’s degree and specialized knowledge in a field. H-4 visas are issued to immediate family members of an H-1B visa holder.

The change in policy means that an H-4 spouse may apply for employment authorization if their H-1B spouse is in the process of applying for permanent residency and has either received an extension of their H-1B status under the American Competitiveness in the Twenty-first Century Act (AC21) or is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers.

“Finally, there is some relief for the families whose H-1B spouses have been waiting in line for a visa number, some for years, especially from India and China,” said immigration attorney Stewart Rabinowitz, of Rabinowitz & Rabinowitz, P.C.

“Absent a change in immigration law, employment based visa backlogs in those countries will take years to resolve, placing H-1B families in limbo,” explained Rabinowitz. “These are a small but significant number of highly talented people who have followed the rules, waiting for their turn. Now at least their spouses can have the freedom to work in the United States.”

An organization called Save Jobs USA filed a lawsuit against the U.S. Department of Homeland Security (DHS) seeking to stop the new regulations from taking effect, but U.S. District Judge Tanya S. Chutkan issued a memorandum opinion finding that the plaintiff organization had not shown that its members would suffer an injury under the policy.

According to DHS, nearly 180,000 new foreign workers may be added to the workforce in the first year of the rule, with as many as 55,000 new foreign workers added each year thereafter.

By Appointment Only
Three Galleria Tower
13155 Noel Road, Suite 900
Dallas, TX 75240

  • District Court Issues Nationwide Injunction Against USCIS’ Unlawful Presence Memo Affecting F, J and M Nonimmigrants
    A federal district court judge issued a nationwide preliminary injunction that temporarily blocks the U.S. Department of Homeland Security (DHS) from implementing a policy under which F, J and M nonimmigrants and their dependents who violate the terms of their status start to accrue unlawful presence immediately.  The order was issued in the U.S. District ...
  • Changes to USCIS Processing of Removing Conditions on Residence
    The U.S. Citizenship and Immigration Services (USCIS) has published a policy memo that provides revised interview guidelines to immigration officers adjudicating Petitions to Remove Conditions on Residence. As background, certain family or investment based immigrants who have a condition attached to their permanent resident status must file a petition with USCIS within a 90 days ...
  • DHS Issues Fraud Alert for Imposters Posing as U.S. Immigration Agents
    The Office of Inspector General (OIG) under the U.S. Department of Homeland Security (DHS) is warning people of a nationwide telephone spoofing scam that attempts to trick victims into divulging their personal information, leaving them vulnerable to identity theft. On March 1, 2019, the OIG issued a notice in response to reports of DHS phone ...

See other news sources publishing this article. BETA | Tags: , , , , ,

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required