H-1B Department of Homeland Security

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
News & Analysis as of

Recent changes to employing foreign workers

This month, we take a survey of recent changes affecting employers’ ability to attract and retain foreign workers. L-1B visa denials According to U.S. Citizenship and Immigration Services’ (USCIS) data released under a...more

USCIS to Accept Employment Authorization Applications from Certain H-4 Dependent Spouses

Beginning May 26, 2015, the United States Citizenship and Immigration Services (USCIS) will accept applications for employment authorization from certain H-4 Dependent Spouses. The USCIS will reject any applications received...more

Lawsuit Seeks to Block New DHS Rule Granting EADs to Certain H-4 Spouses

As previously reported, beginning on May 26, 2015, the U.S. Department of Homeland Security (DHS) will begin the implementation of a new rule allowing for Employment Authorization Documents (EADs) to be issued to certain H-4...more

Work Authorization Extended to Certain H-4 Visa Holders

Late last year, I wrote on the controversial executive actions on immigration that President Obama announced in November. As I noted then, those executive actions include several initiatives that will make it easier for...more

What H-4 Visa Holders Need to Know about Employment Authorization

Under new rules announced by the Department of Homeland Security (DHS) at the end of February, beginning May 26, 2015, H-4 visa holders who are the dependent spouses of H-1B visa holders will be eligible for employment...more

Spouses of H-1B Workers Can Now Seek Employment

The Department of Homeland Security (DHS) recently announced that, beginning May 26, 2015, certain H-4 visa holders will be eligible for employment authorization. Currently, H-4 visa holders – dependent spouses and children...more

New Immigration Regulations Authorize Employment for Certain H-4 Spouses

Starting May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants will be permitted to apply for work authorization in the United States. Those permitted to work include individuals in H-4 status whose H-1B spouses...more

USCIS Acts to Eliminate Employment Disruption for Professional Workers

Employers who seek to reduce disincentives that currently encourage H-1B non-immigrant employees to abandon adjustment to lawful permanent residence status will benefit from a new employment authorization rule announced on...more

New DHS Rule Extends Eligibility for Work Authorization to H-4 Dependent Spouses of Certain H-1B Workers Starting May 26, 2015

In a historic move, effective May 26, 2015, the Department of Homeland Security ("DHS") will allow, for the first time, H-4 spouses of H-1B workers who are pursuing permanent residence ("green cards") to apply for work...more

Immigration Update: A Small Step in the Right Direction

Until recently, the U.S. Citizenship and Immigration Services (USCIS) did not allow the dependent spouses of H-1B (specialty occupation) visa holders to engage in any form of employment while living in the U.S. H-4 visa...more

FAQs on H-4 Employment Authorization Final Rule From DHS

On February 25, 2015, the U.S. Department of Homeland Security (DHS) published a final rule confirming that certain H-4 spouses will be eligible to apply for U.S. work authorization. The following is an outline of the new...more

Certain H-4 Dependent Spouses of H-1B Nonimmigrants May Apply for Employment Authorization

President Obama’s immigration executive order provides an opportunity for certain H-4 dependent spouses of H-1B nonimmigrants to obtain employment authorization. Until now, H-4 nonimmigrants were not permitted to work in the...more

Eligibility extended for certain H-4 dependent spouses of H-1B nonimmigrants

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment...more

H-4 Visa Holders Soon To Be Able To Work

The Department of Homeland Security (DHS) announced that it will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment based lawful permanent...more

Employment Authorization For Certain H-4 Dependent Spouses

Effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent...more

Continued Rollout of Obama’s Executive Action on Immigration

Today, the United States Citizenship and Immigration Service (USCIS) announced that starting May 26, 2015 it will be accepting applications for employment authorization (EAD) for H-4 dependent spouses of H-1B nonimmigrants...more

FAQs on H-4 Work Permit Final Rule from DHS

On February 25, 2015, the U.S. Department of Homeland Security published a Final Rule confirming that certain H-4 spouses will be eligible to apply for U.S. work authorization. Following is an outline of this new Final Rule...more

USCIS Announces New Work Card Eligibility for H4 Spouses

On Tuesday, February 24, the United States Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, USCIS will begin accepting applications for work authorization of H-4 spouses of two groups of...more

USCIS Announces Work Permits for Qualifying Spouses of H-1B Employees

U.S. Citizenship & Immigration Services (USCIS) announced on February 24 that certain qualifying spouses of H-1B workers will be allowed to apply for a work permit beginning on May 26, 2015....more

Some H4 Spouses of H-1Bs Can Apply for Work Cards Beginning May 26, 2015

On Tuesday, February 24, the United States Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, USCIS will begin accepting applications for work authorization of H-4 spouses of two groups of...more

H-1B Visa Season (And Employment Authorization For Certain H-4 Spouses) Is Here!

H-1B visa season is upon us, and Wiggin and Dana would like to encourage employers subject to the annual visa quota (or cap) to evaluate potential employee candidates as soon as possible. The demand for H-1B visas remains...more

Certain H-4 Dependent Spouses Eligible for Work Authorization | USCIS Will Accept Filings on May 2015

The long-awaited final rule on H-4 work authorization has now been introduced by U.S. Citizenship and Immigration Services (USCIS). USCIS Director León Rodríguez has announced that the Department of Homeland Security (DHS)...more

Spouses of H-1B Visa Holders Who Apply for Residency Can Apply for Work Permits Starting May 26

On February 24, U.S. Citizenship and Immigration Services (USCIS) announced that it will start accepting applications for work authorization from certain spouses of H-1B visa holders beginning May 26, 2015. This regulatory...more

DHS Extends Employment Authorization for Certain H-4 Spouses

The Department of Homeland Security (“DHS”) announced that, effective May 26, 2015, the agency is extending employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants....more

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