Tag: H-4 Visas

On December 2, 2020, the U.S. Senate unanimously passed a bill entitled “Fairness for High-Skilled Immigrants Act of 2020.” The bill, which sets out new provisions focused on both green card and H-1B temporary worker reform, was passed without any public hearings and is said to pacify Big Tech’s hankering for cheap indentured labor. Notably, this is the […]

United States Citizenship and Immigration Service (USCIS) processing times for Employment Authorization Document (EAD) applications continue to increase. EADs are relied upon by many categories of foreign nationals in order to lawfully work in the United States. The processing times vary by USCIS Service Center, in addition to the category in which the applicant is […]

The US Department of State has dramatically increased visa issuance fees for Australian nationals in certain visa categories as of December 23, 2019. The US government charges visa issuance fees for nonimmigrant visas that are approved. The fee increases are intended to reciprocate the fees the Australian government charges US citizens who are issued visas.  […]

In a letter to the U.S. Court of Appeals for the D.C. Circuit, the Department of Homeland Security (“DHS”) has informed the court that a proposed regulation to rescind the H-4 employment authorization is not likely to be published in the Federal Register...

One advantage of the H-1B visa is that immediate family members of the H-1B visa holder may apply for an H-4 visa, which will allow them to lawfully stay in the United States. What is more, the holder of an H-4 visa, who is seeking employment based on lawful permanent resident status, is eligible to […]

In 2015, the Obama administration created regulations extending eligibility for work authorization to H-4 dependent spouses. Currently, H-4 spouses are permitted to apply for employment authorization only if their H-1B spouse is (1) the principal beneficiary of an approved Form I-140, or (2) has been granted H-1B status under the American Competitiveness in the Twenty-First […]

In May 2015, the Obama administration extended eligibility for work authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants. The new regulations permitted H-4 spouses to apply for employment authorization only if their H-1B spouse is (1) the principal beneficiary of an approved Form I-140, or (2) has been granted H-1B status under the […]

Since May 26, 2015, certain H-4 dependent spouses of H-1B visa holders have been eligible for employment authorization. H-4 dependent spouses have been eligible to apply for an Employment Authorization Document (EAD card) if the primary H-1B visa holder is the beneficiary of an approved Form I-140 or has been granted an extension beyond the […]

Individuals applying for a change of status to H-4, please be advised if you travel abroad before your Form I-539, Change of Status (COS) application is approved, USCIS will consider your application abandoned. This means USCIS will deny your application. If you filed your Form I-765, Application for Employment Authorization, and travel abroad before your […]

The American Competitiveness in the Twenty-First Century Act, (AC21) provides that a non-immigrant with H-1B non-immigrant status may begin working for a new H-1B employer as soon as the new employer files a “non frivolous” H-1B petition on the non-immigrant’s behalf. A “non frivolous” petition is one that is factually or lawfully based. Portability provisions: […]