United States Citizenship and Immigration Services H-1B

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
News & Analysis as of

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

Premium Processing Delayed for FY16 Cap-Subject H-1B Petitions

United States Citizenship and Immigration Services (“USCIS”) will begin accepting cap-subject H-1B petitions on April 1, 2015, for start dates of October 1, 2015 or later. ...more

Immigration Update: USCIS accepting FY2016 H-1Bs as of April 1, 2015

The United States Citizenship and Immigration Service (“USCIS”) will accept cap-subject H-1B Petitions on April 1st, 2015 for start dates of October 1st, 2015 or later. ...more

H-1Bs, H-4s and H-2Bs – Oh, My! Big developments in the H Nonimmigrant Visa Classifications, and Expanded DACA and DAPA are...

Effective May 26, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting work authorization for H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 petition...more

The President’s Executive Actions on Immigration Are Further Delayed

Last Thursday, the U.S. Department of Justice (DOJ) filed an emergency motion with the Fifth Circuit Court of Appeals to lift a preliminary injunction issued by U.S. District Judge Andrew Hanen last month in lawsuit filed by...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

Employment Authorization Document for Certain H-4 Dependent Spouses

U.S. Citizenship and Immigration Services (“USCIS”) announced that effective May 26, 2015 it will be extending eligibility for U.S. employment authorization to certain H-4 spouses of foreign nationals in H-1B status pursuing...more

USCIS Predicts Random Lottery for H-1B Cap and Announces Premium Processing to Start on May 11

April 1, 2015, is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for next year's allotment of visas for foreign national professionals in specialty occupations. ...more

Overcoming H-1B Challenges – Qualifying Through Work Experience and the Three-for-One Rule

The most common H work visa is the H-1B which is for “specialty occupations.” In simple terms, “specialty occupation” means an occupation which requires at least a bachelor’s degree or equivalent in a professional field. ...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

H-1B Crunch Time Is Upon Us; Act Now Or Be On The Sidelines Until 2016

With the United States job market continuing to recover slowly but steadily, and immigration reform legislation becoming an increasingly more distant possibility in the 114th Congress, it is extremely likely that H-1B visas...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

Navigating H-1B Requirements: The Existence of a Valid Employer-Employee Relationship

To obtain an H-1B visa, a petitioner must establish that it will have an employment relationship with the beneficiary. While this seems like a very simple and easy enough thing to do, the problem is that in an employment...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

District Court Orders USCIS to Grant H-1B for Market Research Analyst Position

As previously reported, certain job positions present a particular challenge when requesting H-1B specialty occupation status from U.S. Citizenship and Immigration Services (USCIS). ...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

Certain Dependent Spouses of H-1B Workers Will Become Eligible for Employment Authorization Effective May 26, 2015

The U.S. Citizenship and Immigration Services (USCIS) amended the regulations to allow certain H-4 dependent spouses to work in the United States. This is excellent news, particularly for spouses of H-1B workers from India...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

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