H-4

UPDATE: USCIS Now Accepting EAD Applications for Certain H-4 Spouses

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USCIS is now accepting applications for Employment Authorization Documents (EADs) from H-4 dependent spouses.  To qualify for work authorization, the H-4 dependent must be the spouse of an H-1B holder with an approved immigration petition or who has been granted H-1B status beyond the 6 year limit based on AC 21.  (Please refer to our previous blog post here for more information regarding eligibility for this program.)

As we reported in our previous blog post, found here, on April 23, 2015, a lawsuit was filed against the Department of Homeland Security (DHS) to invalidate the new H-4 Spouse EAD program.  At this time, the lawsuit does not have any impact on the program, and we at Just Law International, P.C., are moving forward with H-4 Spouse EAD applications as planned.  Please do not hesitate to contact us for more information and to schedule a consultation regarding your eligibility for an EAD application.

Please consult an attorney for advice about your individual situation.  The information provided on this site is not legal advice, nor is it intended to be.  You are welcome to get in touch with our law firm by electronic mail, letters, or phone calls.  Contacting us does not create an attorney-client relationship.  Until an attorney-client relationship is established, please withhold from sending any confidential information.

Lawsuit filed to challenge USCIS’ H-4 Spouse EAD program

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On February 24, 2015, USCIS announced that it would expand eligibility for an Employment Authorization Document (EAD) to certain H-4 spouses whose primary H-1B holders have an approved immigration petition or have been granted H-1B status beyond the 6 year limit based on AC 21.  (Please refer to our previous blog post here for more information regarding eligibility for this program.)

On April 23, 2015, “SAVE Jobs USA,” a group of former SCE employees filed a declaratory suiH4 lawsuitt against the Department of Homeland Security (DHS) to invalidate the new H-4 Spouse EAD program, which is scheduled to take effect on May 26, 2015.  (See Save Jobs USA v. DHS, Civil Action No. 1:15-cv-615, United States District for District of Columbia.)

SAVE Jobs USA contends that its members will be injured by the H-4 Spouse EAD program because they will be forced into greater competition with foreign workers for jobs.  The complaint alleges that DHS acted arbitrarily and capriciously by authorizing the program, and that “the H-4 rule is in excess of DHS authority and directly contradicts several provisions of Immigration and Nationality Act.”  According to the May 2015 court calendar, no hearing has been scheduled in the matter.

At this time, the lawsuit does not have any immediate impact on the program and it will still take effect on May 26, 2015.  However, if the court grants a preliminary injunction, the program will be temporarily suspended as in the case of the new DAPA program and expanded DACA.

We at Just Law International, P.C., will continue to provide updates on the pending lawsuit and the H-4 Spouse EAD program.  Until the court makes a decision regarding the preliminary injunction, we will move forward with H-4 Spouse EAD applications as planned.  Please do not hesitate to contact us for more information and to schedule a consultation regarding your eligibility for an EAD application.

Please consult an attorney for advice about your individual situation.  The information provided on this site is not legal advice, nor is it intended to be.  You are welcome to get in touch with our law firm by electronic mail, letters, or phone calls.  Contacting us does not create an attorney-client relationship.  Until an attorney-client relationship is established, please withhold from sending any confidential information.

H-4 Dependents’ eligibility to have a Work Permit (EAD)

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Based on President Obama’s Executive Action announced in November 2014, USCIS has recently expanded the eligibility for the Employment Authorization Document filing on February 24, 2015.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” USCIS Director Leon h4visaholder_work_authorization-e1372649234387Rodríguez 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.”

With the change, certain H-4 dependents are eligible to file for an EAD.  To be eligible, an individual must be the H-4 dependent spouse of an H-1B visa-holder who is (1) the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or (2) has received extended H-1B status beyond the six-year limit based on AC 21 (American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act) – which is a Labor Certification application or an I-140 pending at least 365 days.

USCIS will begin accepting these eligible H-4 dependents’ EAD applications on May 26, 2015. Please note that H-4 dependents’ EAD applications submitted before May 26, 2015 will be rejected.

Please stay tuned and contact the experienced lawyers at Just Law International, P.C. to prepare and file your H-4 spouses’ new EAD application.

Please consult an attorney for advice about your individual situation.  The information provided on this site is not legal advice, nor is it intended to be.  You are welcome to get in touch with our law firm by electronic mail, letters, or phone calls.  Contacting us does not create an attorney-client relationship.  Until an attorney-client relationship is established, please withhold from sending any confidential information.