Immigration lawyer Shah Peerally is a very happy immigration lawyer today. His firm has fought for the H-4 EAD for several years and this week the firm received the news that some H4 Visa holders will receive work permits.
Although President Obama announced his moves regarding immigration in November, the movement towards achieving the reforms has been pushed by attorney Peerally and a small group of dedicated individuals for some years. The reform is aimed at skilled immigrants. Currently the holders of H-4 visas are unable to earn income or hold a social security number. It is usually used by spouses of those holding the H-1B visa and some others.
Fewer than 100,000 people received the H-4 visas in 2013 and three-quarters are from South Asia, including many Indians and others working in higher-skilled occupations in technology, engineering and sciences.
Neil Ruiz of the Brookings Institution was reported by CNN Money as saying that the previous law caused suffering for not just women, but it was creating a loss for the United States generally.
“In a world where everyone is competing, other countries like Canada are more competitive in giving both spouses and high-skilled workers authorization to work as soon as they arrive,” he said.
The U.S. misses out on the taxes that these immigrants would contribute. Ruiz said because H-1B visa holders are high skilled, it’s likely that their spouses are highly skilled as well.
The new rule requires H-4 holders (whose spouses have applied for green cards) to file an application for employment authorization and $380. The USCIS anticipates as many as 179,600 people might apply this year — but it won’t start accepting applications until May 26.
Shah Peerally said in his law firm blog that the announcement is “great news”.
Finally DHS announced today that on May 26, 2015 some H4 Visa holders will actually get a work permit. 510 742 5887
If you need help applying for the work permit. Please call our office at 510 7425887
DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence.
The formal announcement from the US Citizenship and Immigration Services is below:
Release Date: February 24, 2015
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, 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 resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.
“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” Rodríguez said. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”
Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:
Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker;
Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.
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