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New Rule!! H-4 for Employment Authorization from May 26, 2015

Immigration
Contributed by : Anu Peshawaria

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About the Author:
Anu Peshawaria is a well known US Business Immigration Attorney as well as a Supreme Court Attorney from India, Former Legal Advisor Embassy of India, Washington DC. She is an expert legal analyst &Author of several books on Immigration. Her law corporation Anu Attorney Professional Law Group, PLLC having offices in Fremont, California and Seattle , Washington as well as India. She can be reached at 510-299-1907 or 206-774-0907 or email her at anu@anuattorney.com for any questions or clarifications.

The H-1B visa is a lawful and fairly quick method to bring foreign professionals for temporary work in the United States. This US visa category is one of the most popular and wildly sought visa classification for employment in the United States.
H-1B visa holders can bring family members such as spouse and children under 21 years old to US under H-4 visa category as their dependents.


Under the old DHS regulations, the relatives in H-4 visa status can stay in US as long as H-1B visa holder retains legal status. Though, H-4 visa holder was not eligible to work or obtain Social Security number (SSN), but eligible to attend school, get a driver license, open bank accounts in US.


Effective May 26, 2015, the Department of Homeland Security (DHS) is amending the regulations with an eligibility for employment authorization for certain H-4 dependent spouses of H-1B nonimmigrant workers who are seeking employment-based lawful permanent resident (LPR) status. Providing eligibility for employment authorization to certain H-4 dependent spouses of H-1B visa holders is one of several initiatives to improve and modernize visa programs to grow the U.S. economy and create jobs. This is an important part of the immigration executive actions President Obama announced in November 2014.


This is a big step towards modernization of U.S. immigration system which will help millions of families of highly educated foreign professionals holding H-1B non-immigration visas. This step made by US government will help not only U.S. businesses to keep their valuable workers by increasing number of these workers to choose to stay in US by transition from non-immigrant temporary status to permanent residence, but also, it will help affiliated families stability and economics affected by a lack of ability for spouse for legal employment in US. Majority of these families were greatly affected by H-4 visa holding spouses unemployment causing not only their unemployment, but as well, difficulties to integrate into new environment, society and culture. As a family law and an immigration attorney, I have witnessed multiple divorces and separations taken place in these families which were caused by spouses frustration not being able to work and be an independent individual. This caused stressful and intense relationships in the families. Most of the spouses on H-4 visas have good foreign education and work experience, and they are forced to become stay home housewives which makes them to loose self-esteem, become victims of domestic violence, emotional or physical abuse, or often both.


New regulation also will contribute into the U.S. economy by H-1B nonimmigrants making difference in entrepreneurship and science, helping promote economic growth and creation of new jobs.
Eligible individuals on H-4 visas, a dependent spouses of H-1B nonimmigrants, are the following:
- 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.

USCIS estimations of a number of individuals eligible for new H-4 employment authorization rule can be as high as 179,600 in the first year and 55,000 annually in subsequent years.


This change in U.S. immigration system gives us a hope that eligible H-4 visa holders will make their contribution in U.S. economy and provides more chances of family stability in the community of nonimmigrant workers from all around the world.

Anu Peshawaria, Attorney
Please contact my office to further assistance in your immigration matters at 206-774-0907.


About Author
Making a difference in peoples lives Anu Peshawaria 'Former Legal Advisor, CCA, Embassy of India Washington DC Social and human rights activist, professional attorney, founder of assortment of NGOs, author and Former Legal Advisor, CCA, Embassy of India Washington DC, Anu Peshawaria rides experience of several worlds.

Anu Peshawaria is Federal attorney and she can practice Federal Law including Immigration in all states of United States of America Anu Peshawaria is a practicing Indian Supreme Court lawyer and is licensed.

She is servicing as Of Counsels with Anu Attorney Professional law firm

Ms. Peshawaria is a globally renowned professional attorney from India. Residing currently in California, United States of America, her work is devoted to advocacy and sheltering legal and human rights internationally. Apart from being an avid social activist, Ms. Anu is also a world class Tennis Champion and United States Tennis Pro. She has represented India at Wimbledon. She has been dynamically planning initiatives and extending her services across the world for the past 25 years.

 

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