News & Analysis as of

H-4 Spouses

Plan Now to Retain Your Workforce: The Uncertain Future of Employment Authorization for H-4 Dependent Spouses

by Shipman & Goodwin LLP on

Certain H-4 dependent spouses of H-lB visa holders have been eligible for U.S. employment authorization, following a U.S. Department of Homeland Security (“DHS”) rule change in May 2015. Since that time, thousands of spouses...more

U.S. Government Delays Revisions to H-4 Employment Authorization Regulations

The Trump administration’s plans to end the ability of spouses of H-1B visa holders to be granted work authorization now appear to be on a slower track than originally anticipated. Removing eligibility for work authorization...more

U.S. Department of Homeland Security Expected to Submit Proposed Rule Rescinding H-4 EAD Regulations by June 2018

by Garvey Schubert Barer on

The U.S. Department of Homeland Security (USDHS) recently confirmed its plans to publish a Notice of Proposed Rulemaking by June 2018 to remove from its regulations certain H-4 spouses of H-1B nonimmigrant workers as a class...more

Beltway Buzz - March, 2018

NLRB Returns to Amorphous Joint-Employer Standard. Talk about policy oscillation: the National Labor Relations Board’s (NLRB) joint-employer recusal debacle continued this week, perhaps coming to an abrupt end (for now). ...more

Update On H-4 EAD Rule Rescission

by Jackson Lewis P.C. on

Following up on the U.S. Court of Appeals for the D.C. Circuit Order of February 21, 2018, DHS has requested still more time to review the H-4 EAD Rule. In a status report filed on February 28, 2018, just a week after the...more

Rescission of H-4 EADs is Imminent

Over the last few months, the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) have unabashedly and repeatedly stated that is the current administration’s intent to rescind employment...more

Beltway Buzz - February, 2018 #3

In honor of the Olympics winding down, we wrote this week’s edition of the Buzz while performing a monster backside triple cork 1440. Read on to see if we stomp the landing....more

Rescission Of H-4 Employment Authorization Documents (EADs) Expected

by Jackson Lewis P.C. on

The DOJ and the DHS have made clear on numerous occasions that they intend to rescind employment authorization documents (EADs) for H-4 visa status holders and it appears that rescission may be just around the corner. Family...more

Strong Demand Expected for FY2019 H-1B Filings: Employers Should Plan Now

by Garvey Schubert Barer on

U.S. employers who sponsor foreign workers for temporary H-1B work visas should start preparing now for the upcoming H-1B cap filing season commencing this year on Monday, April 2, 2018. Employers should start identifying...more

2018 Brings New Changes to Various Business Immigration Programs

by Foley Hoag LLP on

Since taking office, President Donald Trump has issued a series of immigration-related executive orders and proclamations that have become the general framework for the future management of U.S. immigration policy and...more

Indian and Chinese Nationals Likely First to Be Affected by H-1B-Related Changes

by McNair Law Firm, P.A. on

After months of anticipation, it appears the first major H-1B program-related change will be the recession of employment authorization for certain H-4 spouses. The change should have the largest effect on Chinese and Indian...more

Five Immigration To-Do’s for Employers in 2018

by Davis Wright Tremaine LLP on

The White House and Department of Homeland Security have announced plans to change the legal immigration system in ways that could significantly impact employers with foreign workers who are managers, executives,...more

Rumored Changes To The H Visa Category

by Dickinson Wright on

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

Department of Homeland Security Plans to End Employment Eligibility of Spouses of Highly Skilled Foreign Workers

For years, the spouses of highly skilled foreign workers holding visas under the H-1B program weren’t authorized to work in the United States, absent separate approval through a separate program. However, in 2015, the...more

Are Changes Coming to the H-1B Program?

by Davis Brown Law Firm on

The H-1B temporary work visa program has been the focus of much speculation lately. Recent news reports have claimed that the Trump Administration is planning major changes to the program in 2018. ...more

Seismic Business Immigration Policy Shift in the Works for 2018

by Foley Hoag LLP on

New changes to H-1B Lottery; H-4 EADs on the chopping block; AC 21 H-1B extensions in trouble; and how to plan for it all - Changes to the H-1B Program and the H-1B Visa Lottery - The Department of Homeland Security...more

USCIS to Rescind Work Authorization Rule for H-4 Spouses

On December 14, 2017, the Department of Homeland Security announced that it is preparing proposed regulations eliminating United States work authorization for certain holders of H-4 visas, a derivative visa classification...more

Employment Authorization Benefits for H-4 Spouses at Risk

by McNair Law Firm, P.A. on

Qualifying dependent spouses of certain H-1B visa holders (H-4 spouse) have enjoyed the benefits of applying for work authorization since 2015 when the United States Citizenship and Immigration Services (USCIS) implemented a...more

DHS Releases Regulatory Agenda for 2018 - Major Changes Possible for H-1B, H-4, and F-1 Visa Holders

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Homeland Security (DHS) published its regulatory plan for 2018, which aligns with President Trump’s Executive Order, Buy American Hire American. ...more

Rules On The Chopping Block: H-4 EAD And International Entrepreneur

by Jackson Lewis P.C. on

The Trump Administration appears to be in the process of eliminating two rules: the H-4 EAD Rule and International Entrepreneur Rule. In line with President Donald Trump’s “Buy American, Hire American” Executive Order and...more

H-4 EAD in Jeopardy?

by Miles & Stockbridge P.C. on

In February 2015, the Department of Homeland Security (“DHS”) issued a rule permitting certain persons maintaining H-4 nonimmigrant status to apply for and, if eligible, receive employment authorization from DHS. Employment...more

DHS Uses the Power of Policy to Alter Immigration Without Legislation

Efforts to reform our nation’s immigration system through legislation are frequently contentious and can become embroiled in larger legislative debates that make the passage of a bill into law a complicated process and,...more

Will Spouses of H-1B Visa Holders Lose Their Right to Work?

by Ronald Shapiro on

Work permits for H-4 visa holders could soon disappear. While the H-1B visa allows families of immigrant employees to live in America, these family members were often restricted by H-4 visas, which are issued to spouses of...more

Change in Government Process for "Advance Parole" Travel

by Davis Brown Law Firm on

This alert applies to you only if you are in H-1B, H-4, L-1 or L-2 status and you are applying for “adjustment of status” in the United States. If you have been approved to immigrate (approved PERM or approved Form I-140)...more

The RAISE Act: A Flawed and Misguided Immigration Bill

On August 2, 2017 Republican Senators Tom Cotton (AR) and David Perdue (GA) unveiled an immigration bill titled The Reforming American Immigration for a Strong Economy Act (RAISE Act). While the stated purpose of this bill is...more

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