USCIS on May 21, 2015, published information to help eligible H-4 dependent spouses who want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule.
Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B nonimmigrant:
Proposed Rule Text from DHS on H4 Visahappyschools
This document proposes a rule to extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B visa holders who are seeking lawful permanent resident status. Specifically, it would provide work authorization to H-4 dependent spouses whose H-1B spouse is either the beneficiary of an approved permanent residence petition or has obtained an extension under AC21 legislation. The proposed rule aims to reduce economic hardship for these families and encourage retention of skilled foreign workers during their transition to permanent residence.
An overview of how to successfully change status from F-1 OPT to H1B and fill the Cap Gap.
VisaPro is offering a FREE 2023 H-1B cap filing plan consultation. Visit https://www.visapro.com/work-visas/h1b-visa/free-consultation-immigration-lawyer/ and schedule it today.
Common H1B Cap 2023 Filing Mistakes: Find out how to avoid them.
VisaPro Law Firm can help increase your chances of H1B lottery selection and approvals.
Contact VisaPro For a FREE 2023 H-1B Filing Plan Consultation at https://www.visapro.com/work-visas/h1b-visa/free-consultation-immigration-lawyer/
To receive assistance with your FY 2023 H1B visa filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
This document is a petition form from the US Citizenship and Immigration Services (USCIS) for a nonimmigrant worker visa (Form I-129). It collects information about the petitioner, the beneficiary, and their employment. The petitioner must provide details about their company, the beneficiary's job and wages, as well as certification that releasing controlled technology is properly licensed. The beneficiary's background and history in the US is also requested. Supplemental forms provide additional information depending on the visa classification sought, such as E visas for treaty traders/investors or H/L visas under various free trade agreements.
H4 EAD –
DHS is extending eligibility for employment authorization to certain H–4 dependent spouses of H–1B non-immigrants who are seeking employment-based lawful permanent resident (‘‘LPR’’) status.
USCIS will start accepting H4 EAD applications on MAY 26th 2015.
#1: WHAT IS THE 180-DAY ASYLUM EAD CLOCK?
#2: WHAT STARTS THE 180-DAY ASYLUM EAD CLOCK?
#3: WHAT STOPS THE 180-TLAY ASYLUM EAD CLOCK?
#4: HOW TO OBTAIN MORE INFORMATION ABOUT THE 180-DAY ASYLUM EAD CLOCK?
#5: WHAT IF THE ASYLUM APPLICANT THINKS THAT THERE IS AN ERROR IN THE CALCULATION OF TIME ON HIS/HER 180-DAY ASYLUM EAD CLOCK?
(DHS) The Department of Homeland Security is working on a proposed rule that will allow certain beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) to obtain an Employment Authorization Document (EAD) and to engage in natural career advancements.
U.S. IMMIGRATION NEWS AND UPDATES - H-1B FILING SEASON IN FULL-SWING; EMPLOYMENT VERIFICATION (FORM I-9) PROCESS CHANGES; INCREASES IN H-1B & L-1 VISA PETITION FEES; NEW SKILLED-LABOR AND WORK VISA IMMIGRATION REGULATIONS; F-1 STEM OPT UPDATES?
Proposed Rule Text from DHS on H4 Visahappyschools
This document proposes a rule to extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B visa holders who are seeking lawful permanent resident status. Specifically, it would provide work authorization to H-4 dependent spouses whose H-1B spouse is either the beneficiary of an approved permanent residence petition or has obtained an extension under AC21 legislation. The proposed rule aims to reduce economic hardship for these families and encourage retention of skilled foreign workers during their transition to permanent residence.
An overview of how to successfully change status from F-1 OPT to H1B and fill the Cap Gap.
VisaPro is offering a FREE 2023 H-1B cap filing plan consultation. Visit https://www.visapro.com/work-visas/h1b-visa/free-consultation-immigration-lawyer/ and schedule it today.
Common H1B Cap 2023 Filing Mistakes: Find out how to avoid them.
VisaPro Law Firm can help increase your chances of H1B lottery selection and approvals.
Contact VisaPro For a FREE 2023 H-1B Filing Plan Consultation at https://www.visapro.com/work-visas/h1b-visa/free-consultation-immigration-lawyer/
To receive assistance with your FY 2023 H1B visa filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
This document is a petition form from the US Citizenship and Immigration Services (USCIS) for a nonimmigrant worker visa (Form I-129). It collects information about the petitioner, the beneficiary, and their employment. The petitioner must provide details about their company, the beneficiary's job and wages, as well as certification that releasing controlled technology is properly licensed. The beneficiary's background and history in the US is also requested. Supplemental forms provide additional information depending on the visa classification sought, such as E visas for treaty traders/investors or H/L visas under various free trade agreements.
H4 EAD –
DHS is extending eligibility for employment authorization to certain H–4 dependent spouses of H–1B non-immigrants who are seeking employment-based lawful permanent resident (‘‘LPR’’) status.
USCIS will start accepting H4 EAD applications on MAY 26th 2015.
#1: WHAT IS THE 180-DAY ASYLUM EAD CLOCK?
#2: WHAT STARTS THE 180-DAY ASYLUM EAD CLOCK?
#3: WHAT STOPS THE 180-TLAY ASYLUM EAD CLOCK?
#4: HOW TO OBTAIN MORE INFORMATION ABOUT THE 180-DAY ASYLUM EAD CLOCK?
#5: WHAT IF THE ASYLUM APPLICANT THINKS THAT THERE IS AN ERROR IN THE CALCULATION OF TIME ON HIS/HER 180-DAY ASYLUM EAD CLOCK?
(DHS) The Department of Homeland Security is working on a proposed rule that will allow certain beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) to obtain an Employment Authorization Document (EAD) and to engage in natural career advancements.
U.S. IMMIGRATION NEWS AND UPDATES - H-1B FILING SEASON IN FULL-SWING; EMPLOYMENT VERIFICATION (FORM I-9) PROCESS CHANGES; INCREASES IN H-1B & L-1 VISA PETITION FEES; NEW SKILLED-LABOR AND WORK VISA IMMIGRATION REGULATIONS; F-1 STEM OPT UPDATES?
A U.S. citizen or Green Card holder can sponsor his or her close family members for Lawful Permanent Residence.
Immediate relatives are spouses of U.S. citizens, unmarried children of U.S. citizens and parents of U.S. citizens. There is no quota.
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. Because of the surge of petitions that were filed, USCIS conducted a lottery to determine which petitions received during the five-day submission period will actually be considered. USCIS has already started sending receipt notices for the petitions selected in the random selection process.
The tragic events that occurred in Paris on Friday are confusing and beg many questions. The staff of the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. send deepest condolences to the families of those who perished and wishes for speedy recovery for those that were injured. Everyone was emotionally injured by this senseless incident. Ultimately, we continue to be reminded how important the government screening process continues to be in the immigration and visa application process.
Recently, the U.S. Supreme Court issued a decision in the U.S. v. Texas case that addresses the DACA II and DAPA benefits sought by the Obama Administration. The following information will assist layman to understand the ripple effects of that decision:
Happy new year to all! In the U.S., we look forward to what promises to be an exciting New Year on the immigration and nationality law front. In anticipation of the New Year we were provided with a new DRAFT rule from the U.S. Department of Homeland Security (DHS) about employment-based green card processing, nonimmigrant work visas and employment authorization documents (EADs). The regulation is 181 pages in length and it affects a large portion of the country's skilled immigrant workers as well as potentially millions of others that may apply for EADs.
Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
U.S. IMMIGRATION LAW NEWS AND UPDATES: GREEN CARD AND VISA UPDATES, NEW I-9 FORM UPDATE, SYRIAN STUDENTS WORK PERMIT UPDATE, VISA BULLETIN UPDATE FOR OCTOBER 2016, ETC.
There are quite a few new developments in the U.S. immigration and nationality arena. Also, the first month of the new year brings some new and interesting developments in the Canada immigration realm. On the U.S.immigration law side, it seems that our politicians are not happy with the teams going to the SUPERBOWL so they continue to make the immigration law a "political football". It was nice to see that some of the recent State Department announcements anticipate some significant visa number movement in some employment-based categories. Charles Oppenheim, the Chief of Visa
Control at the DOS, is providing some new and interesting projections. We invite our readers to check them out.
In other U.S. immigration and nationality news: (1) the USCIS Revises the I-129 Petition for a Nonimmigrant Worker; and (2) Several Administrative Agencies Launch Awareness Campaigns on Executive Actions for Mexicans and Central Americans; and (3) the DHS Extends TPS for Salvadorans; and (4) DHS Extends, Redesignates TPS for Syrians; and (5) the U.S. State Department Revised Reciprocity Schedules for Several Countries and announced that the National Visa Center is now handling domestic visa inquiries. The immigration and nationality lawyers and attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to try to keep you, your HR staff, your colleagues and your friends on the cutting-edge with regard to burgeoning U.S. immigration law news. Please feel free to SHARE our electronic newsletter with anyone you feel may benefit for these updates.
One of our Managing Attorneys is in India visiting our Mumbai office and meeting with clients there. Another is in Israel. We continue to be hard at work continuing to prepare cases for H-1B employers seeking the professional and specialty occupation services of H-1B nonimmigrants. Those cases need to be filed on (or very close to) April 1st 2015. The H-1B season is a very exciting time for immigration lawyers. Many employers who have done H-1B visas in the past understand the need to prepare documents early and to be sure that they have registered with D&B. The VIBE system that USCIS uses pings D&B. At a Vermont Service Center (VSC) Stakeholder Meeting in November 2014, NPZ staff were told that a registration with D&B may help the H-1B employer avoid delays. While a bit cliche . . . "being forewarned is being forearmed".
On the Hill the immigration debate continues. ROLL CALL reports that: "GOP leadership laid out a strategy in which Republicans would have the opportunity to vote on a number of amendments aimed at defunding certain immigration activities: the president's executive action, his Deferred Action on Childhood Arrivals program and the so-called Morton Memos, which are formal measures from former Immigration and Customs Enforcement Director John Morton that relax enforcement of certain immigration laws". As we move into the month of February we can only hope that the GROUNDHOG will tell us not o
The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the "INA" or the "Act") requires that an employer pay an H-1B worker the italicize of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the alien may obtain an H-1B visa. The Act defines a "specialty occupation" as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor's degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application ("LCA") from the DOL.
We are not half-way through the first year of the implementation of a revolutionary selection system initiated by Citizenship and Immigration Canada. In sum, the Express Entry system revolves around an online application within the several federal programs for foreign workers, with the ultimate goal of strongly facilitating nominee selection of permanent visas for foreign workers. Many are asking: Is the new system working for immigrants?
Most of the prospective H-1B employees and H-1B employers begin with either of the following two thoughts: “I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify” or “I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa.”
In order to successfully obtain an H-1B visa, it is mandatory that not only the prospective H-1B employee but both the proffered position and prospective employee should qualify for the H-1B visa. This article will explore the importance of educational and/or experience evaluations, and explain certain precautions that an employer and/or prospective H-1B employee can take in order to avoid a potential Request for Evidence (RFE) and/or denial of the H-1B nonimmigrant petition.
As barreiras de três e dez anos impedem os imigrantes que permaneceram ilegalmente nos EUA por mais de 180 dias ou 1 ano, respectivamente, de retornarem legalmente. Novas regras ampliaram a elegibilidade para pedidos de perdão dessas barreiras dentro dos EUA. Isso reduziu o tempo de separação das famílias durante o processo de imigração.
There seem to be so many people out these that prepare immigration visas and work permits and visa applications. But how do you know that they are good? Since this is a very personal process don’t you want to be sure that you hire the very best? How do you know if you are hiring the very best immigration lawyer to assist you, your family or your employer with a process that is so incredibly personal?
Most Americans take it for granted that marriage to a U.S. citizen and other family relationships entitle an immigrant to permanent residence (a green card), but there are barriers that often prevent or delay these family members from becoming lawful permanent residents, even if they are already in the United States. Among these barriers are the “three- and ten-year bars,” provisions of the law which prohibit applicants from returning to the United States if they depart after having previously been in the country illegally.
The USCIS administers the immigrant investor program, also known as EB-5. The EB-5 visa category was created by the United States Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
Through the Immigration Act of 1990 Investor Visa program, Congress enacted the Immigration Act of 1990, which includes a program permitting foreign investors to obtain permanent residency in the United States.
This document provides instructions for preparing an H4 EAD application. It outlines the necessary documents to compile, including an H4 approval notice, I-140 approval or evidence of AC21 eligibility, marriage certificate, and previous work authorization documents. Acceptable secondary evidence if primary documents are unavailable includes approved I-140 petitions or evidence of an H-1B principal receiving an AC21 extension. The application form I-765 for the EAD must be correctly filled out with the proper code and fees and mailed to the correct USCIS address along with supporting documentation. An I-539 change of status can be concurrently filed. Hiring an attorney is recommended if an I-140 was revoked but an applicant may still be eligible based
Welcome relief for spouses of H1B non Immigrants:
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
Filing for the H1B visa under the Cap can be a real burdensome task. The slide gives only few tips on the filing process. We highly recommend having an experienced lawyer handle all your H1B cases whether under or outside the cap.
The document provides frequently asked questions about H-1B visas. An H-1B visa allows foreign workers in specialty occupations to live and work in the US for up to 6 years and entitles their spouse and children to accompany them with H-4 visas. To apply for an H-1B, an employer must get labor certification, file an application including supporting documents, and pay filing fees. Premium processing is available for an expedited $1,225 fee. To change employers, the new employer must submit transfer paperwork before the job change occurs.
Bashyam Spiro LLP - Beyond Six Years On H-1B Statusmbashyam
The new law allows H-1B status to be extended beyond the typical 6-year maximum if over 365 days have passed since filing an application for labor certification or an employment-based immigrant petition. Extensions will be granted in one-year increments until a final decision is made on the application for permanent residency. Family members are also eligible for extensions of their H-4 status as long as the principal H-1B recipient receives an extension. However, family members cannot continue working under their own H-1B status past 6 years unless independently eligible.
The document provides information about applying for and obtaining an H-1B visa. It defines the H-1B visa as allowing US employers to temporarily hire foreign professionals. It outlines the eligibility requirements, application process, required forms and fees, and summarizes the typical steps including obtaining a certified Labor Condition Application from the Department of Labor and filing a petition with USCIS which takes several months to process. It also discusses visa extensions, dependents, transferring employers, and holding multiple H-1B visas.
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.
A U.S. citizen or Green Card holder can sponsor his or her close family members for Lawful Permanent Residence.
Immediate relatives are spouses of U.S. citizens, unmarried children of U.S. citizens and parents of U.S. citizens. There is no quota.
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. Because of the surge of petitions that were filed, USCIS conducted a lottery to determine which petitions received during the five-day submission period will actually be considered. USCIS has already started sending receipt notices for the petitions selected in the random selection process.
The tragic events that occurred in Paris on Friday are confusing and beg many questions. The staff of the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. send deepest condolences to the families of those who perished and wishes for speedy recovery for those that were injured. Everyone was emotionally injured by this senseless incident. Ultimately, we continue to be reminded how important the government screening process continues to be in the immigration and visa application process.
Recently, the U.S. Supreme Court issued a decision in the U.S. v. Texas case that addresses the DACA II and DAPA benefits sought by the Obama Administration. The following information will assist layman to understand the ripple effects of that decision:
Happy new year to all! In the U.S., we look forward to what promises to be an exciting New Year on the immigration and nationality law front. In anticipation of the New Year we were provided with a new DRAFT rule from the U.S. Department of Homeland Security (DHS) about employment-based green card processing, nonimmigrant work visas and employment authorization documents (EADs). The regulation is 181 pages in length and it affects a large portion of the country's skilled immigrant workers as well as potentially millions of others that may apply for EADs.
Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
U.S. IMMIGRATION LAW NEWS AND UPDATES: GREEN CARD AND VISA UPDATES, NEW I-9 FORM UPDATE, SYRIAN STUDENTS WORK PERMIT UPDATE, VISA BULLETIN UPDATE FOR OCTOBER 2016, ETC.
There are quite a few new developments in the U.S. immigration and nationality arena. Also, the first month of the new year brings some new and interesting developments in the Canada immigration realm. On the U.S.immigration law side, it seems that our politicians are not happy with the teams going to the SUPERBOWL so they continue to make the immigration law a "political football". It was nice to see that some of the recent State Department announcements anticipate some significant visa number movement in some employment-based categories. Charles Oppenheim, the Chief of Visa
Control at the DOS, is providing some new and interesting projections. We invite our readers to check them out.
In other U.S. immigration and nationality news: (1) the USCIS Revises the I-129 Petition for a Nonimmigrant Worker; and (2) Several Administrative Agencies Launch Awareness Campaigns on Executive Actions for Mexicans and Central Americans; and (3) the DHS Extends TPS for Salvadorans; and (4) DHS Extends, Redesignates TPS for Syrians; and (5) the U.S. State Department Revised Reciprocity Schedules for Several Countries and announced that the National Visa Center is now handling domestic visa inquiries. The immigration and nationality lawyers and attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to try to keep you, your HR staff, your colleagues and your friends on the cutting-edge with regard to burgeoning U.S. immigration law news. Please feel free to SHARE our electronic newsletter with anyone you feel may benefit for these updates.
One of our Managing Attorneys is in India visiting our Mumbai office and meeting with clients there. Another is in Israel. We continue to be hard at work continuing to prepare cases for H-1B employers seeking the professional and specialty occupation services of H-1B nonimmigrants. Those cases need to be filed on (or very close to) April 1st 2015. The H-1B season is a very exciting time for immigration lawyers. Many employers who have done H-1B visas in the past understand the need to prepare documents early and to be sure that they have registered with D&B. The VIBE system that USCIS uses pings D&B. At a Vermont Service Center (VSC) Stakeholder Meeting in November 2014, NPZ staff were told that a registration with D&B may help the H-1B employer avoid delays. While a bit cliche . . . "being forewarned is being forearmed".
On the Hill the immigration debate continues. ROLL CALL reports that: "GOP leadership laid out a strategy in which Republicans would have the opportunity to vote on a number of amendments aimed at defunding certain immigration activities: the president's executive action, his Deferred Action on Childhood Arrivals program and the so-called Morton Memos, which are formal measures from former Immigration and Customs Enforcement Director John Morton that relax enforcement of certain immigration laws". As we move into the month of February we can only hope that the GROUNDHOG will tell us not o
The H-1B visa program permits a United States employer ("employer") to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the "INA" or the "Act") requires that an employer pay an H-1B worker the italicize of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor ("DOL") before the alien may obtain an H-1B visa. The Act defines a "specialty occupation" as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor's degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application ("LCA") from the DOL.
We are not half-way through the first year of the implementation of a revolutionary selection system initiated by Citizenship and Immigration Canada. In sum, the Express Entry system revolves around an online application within the several federal programs for foreign workers, with the ultimate goal of strongly facilitating nominee selection of permanent visas for foreign workers. Many are asking: Is the new system working for immigrants?
Most of the prospective H-1B employees and H-1B employers begin with either of the following two thoughts: “I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify” or “I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa.”
In order to successfully obtain an H-1B visa, it is mandatory that not only the prospective H-1B employee but both the proffered position and prospective employee should qualify for the H-1B visa. This article will explore the importance of educational and/or experience evaluations, and explain certain precautions that an employer and/or prospective H-1B employee can take in order to avoid a potential Request for Evidence (RFE) and/or denial of the H-1B nonimmigrant petition.
As barreiras de três e dez anos impedem os imigrantes que permaneceram ilegalmente nos EUA por mais de 180 dias ou 1 ano, respectivamente, de retornarem legalmente. Novas regras ampliaram a elegibilidade para pedidos de perdão dessas barreiras dentro dos EUA. Isso reduziu o tempo de separação das famílias durante o processo de imigração.
There seem to be so many people out these that prepare immigration visas and work permits and visa applications. But how do you know that they are good? Since this is a very personal process don’t you want to be sure that you hire the very best? How do you know if you are hiring the very best immigration lawyer to assist you, your family or your employer with a process that is so incredibly personal?
Most Americans take it for granted that marriage to a U.S. citizen and other family relationships entitle an immigrant to permanent residence (a green card), but there are barriers that often prevent or delay these family members from becoming lawful permanent residents, even if they are already in the United States. Among these barriers are the “three- and ten-year bars,” provisions of the law which prohibit applicants from returning to the United States if they depart after having previously been in the country illegally.
The USCIS administers the immigrant investor program, also known as EB-5. The EB-5 visa category was created by the United States Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
Through the Immigration Act of 1990 Investor Visa program, Congress enacted the Immigration Act of 1990, which includes a program permitting foreign investors to obtain permanent residency in the United States.
This document provides instructions for preparing an H4 EAD application. It outlines the necessary documents to compile, including an H4 approval notice, I-140 approval or evidence of AC21 eligibility, marriage certificate, and previous work authorization documents. Acceptable secondary evidence if primary documents are unavailable includes approved I-140 petitions or evidence of an H-1B principal receiving an AC21 extension. The application form I-765 for the EAD must be correctly filled out with the proper code and fees and mailed to the correct USCIS address along with supporting documentation. An I-539 change of status can be concurrently filed. Hiring an attorney is recommended if an I-140 was revoked but an applicant may still be eligible based
Welcome relief for spouses of H1B non Immigrants:
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
Filing for the H1B visa under the Cap can be a real burdensome task. The slide gives only few tips on the filing process. We highly recommend having an experienced lawyer handle all your H1B cases whether under or outside the cap.
The document provides frequently asked questions about H-1B visas. An H-1B visa allows foreign workers in specialty occupations to live and work in the US for up to 6 years and entitles their spouse and children to accompany them with H-4 visas. To apply for an H-1B, an employer must get labor certification, file an application including supporting documents, and pay filing fees. Premium processing is available for an expedited $1,225 fee. To change employers, the new employer must submit transfer paperwork before the job change occurs.
Bashyam Spiro LLP - Beyond Six Years On H-1B Statusmbashyam
The new law allows H-1B status to be extended beyond the typical 6-year maximum if over 365 days have passed since filing an application for labor certification or an employment-based immigrant petition. Extensions will be granted in one-year increments until a final decision is made on the application for permanent residency. Family members are also eligible for extensions of their H-4 status as long as the principal H-1B recipient receives an extension. However, family members cannot continue working under their own H-1B status past 6 years unless independently eligible.
The document provides information about applying for and obtaining an H-1B visa. It defines the H-1B visa as allowing US employers to temporarily hire foreign professionals. It outlines the eligibility requirements, application process, required forms and fees, and summarizes the typical steps including obtaining a certified Labor Condition Application from the Department of Labor and filing a petition with USCIS which takes several months to process. It also discusses visa extensions, dependents, transferring employers, and holding multiple H-1B visas.
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.
The document discusses key aspects of obtaining an H-1B visa, including:
- The annual cap on H-1B visas is 65,000, with an additional 20,000 for those with advanced degrees from U.S. universities. The cap is frequently met within the first week applications can be submitted.
- Employers must prove they have a valid employer-employee relationship with control over the H-1B applicant. The job must also qualify as a specialty occupation requiring a bachelor's degree minimum.
- The application fees vary based on the size and type of employer, ranging from $825 to $5,550. Employers must also pay required wages, including for non-productive time, and
Based on the current predictions, the U.S. economy will rebound after 2015's growth rate of 2.1%. What does this mean for the immigration practitioners, professionals, and prospective H-1B employers and employees? Assuming that the economy performs as projected, it is highly likely that we will once again, as we did in 2015, witness the H-1B lottery (technically referred to as “Random Selection Process”) during April 2016. To better prepare for the H-1B cap, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
This document discusses extending a B1/B2 visitor visa while in the United States. It notes that visitors usually receive an I-94 status allowing 3-6 months stay, and to extend their stay beyond that period they must file Form I-539 to apply for an extension of stay before their I-94 expires. It recommends filing at least 60 days before expiration and provides examples of documents to include like bank statements, affidavits of support, and evidence of non-immigrant intent. It warns that if the extension is denied after the I-94 expires, unlawful presence could begin accruing and result in multi-year bans on reentry to the US or visa revocation.
October 1st marks the beginning of the “onboarding” of new H-1B employees at many companies throughout the United States. Winning the lottery and having H-1B Petitions approved by United States Citizenship and Immigration Services (USCIS) were just two initial steps involved in the hiring and retaining process of talented foreign nationals in the United States. Carefully onboarding the H-1B employee is as crucial as selecting, hiring and bringing them into the United States (or assisting in changing their nonimmigrant status in the United States). This article briefly addresses few very basic but very important topics that HR Managers, HR Professionals and Business Owners should be aware of, and religiously comply with, in order to avoid potential pitfalls pertaining to the onboarding of new H-1B employees.
H-1B allows U.S. companies to hire temporary, non-immigrant workers for positions that require specialized knowledge or training. You will be permitted to work in America for three years so long as you maintain H1B visa sponsorship.
This document summarizes information available at the Immigration Policy Center about deferred action for eligible undocumented youth. It provides answers to frequently asked questions about deferred action, including what it is, who is eligible, which forms need to be filed to request it, deadlines for applications, benefits received, and supporting documents required. Key details people should check at the Immigration Policy Center are the Q&A section for more information and requirements to file Form I-821D along with Forms I-765 and I-765WS and pay $465 to request deferred action and receive a work permit.
The document discusses the L1 Blanket visa, which allows companies to transfer multiple employees to the US under one petition, once qualified. To qualify, a company must: have an office in the US for 1+ years, have 3+ domestic/foreign branches, and meet additional criteria like 10 L1 approvals in the past year. Once approved, individual employees still require approval by showing 1 year work experience and qualifications for an executive/manager or specialty occupation. The blanket approval simplifies the process but employees must apply through consulates or USCIS like regular L1 visas. Options are discussed for Canadians applying at ports of entry.
The document discusses F-1 student visas and optional practical training (OPT) for work authorization. It explains the H-1B visa process for finding employment after F-1 status expires. Students with a pending or approved H-1B petition can remain in the US under a "Cap Gap" extension until October 1st or until the petition is approved. Employers must ensure H-1B petitions are filed before the student's F-1 status expires to allow for this extension.
The document provides information about obtaining an H4 EAD (work permit) for spouses of H1B visa holders. It outlines the eligibility requirements, application process, and advantages. Spouses are eligible if the H1B holder has an approved I-140 petition or is in their 6th year of H1B status. The application involves filing Form I-765 along with proof of marriage and eligibility. Hiring an experienced immigration attorney is recommended to navigate the new rules and increase the likelihood of approval.
How to petition the immigrating spouse of us citizenNicole McGuire
To immigrate to the United States through family-based immigration as the spouse of a US citizen, the US citizen must file USCIS Form I-130 to sponsor their spouse for an immigrant visa. As the immediate relative of a US citizen, there is no annual limit on visas issued to spouses. Alternatively, if already in the US in another status, the foreign spouse can apply to adjust their status using Form I-485. When filing Form I-130, the US citizen must submit documents proving their citizenship and relationship, such as a passport and marriage certificate. They must also complete Form I-864 to demonstrate they can financially support their spouse.
Similar to USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses (20)
On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a FINAL rule that will make significant changes to the EB-5 Immigrant Investor Program; the rule will go into effect on Nov. 21, 2019. This is noted to be the first significant revision to the program’s regulations since 1993. Some of these revisions include:
Kendi ülkenize dönmekten korkuyor musunuz? Öyleyse, İltica başvurusunda bulunabilirsiniz. Çıkarma sürecinde iseniz, iltica başvurusunun farklı olduğunu unutmayın. Bu makalede, iltica talebinde bulunmayanlar için iltica başvurusunda bulunmayı açıklayacağız. Sığınma için uygunluk, ırk, din, milliyet, politik görüş ya da belirli bir sosyal gruba üyeliğiniz nedeniyle geçmişte yaşadığınız bir zulme veya gelecekte yaşayabileceğiniz zulüm korkusuna dayanmaktadır. Bu korku size özel olmalıdır. Kendi ülkenizin genellikle güvensiz olması yeterli değildir; Neden özellikle sizin için güvensiz olduğunu açıklayabilmelisiniz.
H-1B visas are granted to those who meet specific qualifications. The required qualifications include that the applicant have at least a bachelor’s degree from a U.S. institution and have a job offer from a U.S. employer that requires the H-1B Candidate to hold at least a bachelor’s degree.
Certain Israeli nationals lawfully present in the U.S. will soon be able to request a change of status to an E-2 treaty investor visa. Starting May 1st, eligible Israelis can file to change their status using Form I-129, or their employer can file for them. Spouses and children under 21 of current treaty investors and employees can also request to change their status to an E-2 dependent using Form I-539. The E-2 visa allows citizens of countries with a commerce treaty to invest substantially in a U.S. business and is also available to qualifying employees of such investors.
Last year USCIS announced earlier that it received approximately 190,098 H-1B petitions for the fiscal year 2018. Once the lottery (also referred as “random selection process”) has been completed USCIS starts to send receipt notices.
In the first week of April during the last several years the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap, both regular and master’s.
Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year.
The H-1B visa filing season for fiscal year 2020 begins on April 1, 2019 and ends on April 5, 2019. Demand for new H-1B visas usually exceeds the annual limit of 85,000 visas during this period, requiring a lottery to select cases. To apply for an H-1B visa, individuals and companies must file cases during the April 1-5 window, or else they will have to wait until April 2021. NPZ Law Group is preparing cases to file at the start of this period and encourages interested parties to contact them immediately to begin the application process.
The document discusses the Labor Condition Application (LCA) process that employers must complete to hire H-1B workers. It outlines the LCA requirements including paying H-1B workers the higher of the actual or prevailing wage, avoiding false statements, and posting notices of filing. Employers are liable for back wages if not properly paying H-1B workers. Additional obligations apply to H-1B dependent or willful violator employers like making displacement inquiries. Penalties for noncompliance include civil fines and potential debarment from the H-1B program.
The Canadian Parliament recently announced that it was going to add more than one million new permanent residents in next three years (2019-2021). It is foreseeable that more than half of the new permanent residents will arrive on one of the three economic programs in the Express Entry program – the Federal Skilled Worker (“FSW”) Class, the Federal Skilled Trades (“FST”) Class, and the Canadian Experience (“CE”) Class. The Provincial Nomination Program (“PNP”) is also expected receive a great deal of additional applicants in the coming years.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed.
The document discusses the upcoming H-1B visa filing season, which begins on April 1st, 2019. It notes that USCIS receives over 190,000 H-1B petitions each year but only 85,000 visas are available through a lottery system. Employers are urged to begin the application process immediately to file petitions as early as possible to improve their chances of being selected in the lottery. The document provides background on H-1B visa qualifications and announces upcoming potential changes to the filing process and lottery timing.
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Let one of America’s premier Immigration and Naturalization Law Firms guide you through the EB-5 Investor VISA process. NPZ Law Group continues to maintain a solid reputation for being able to tackle difficult cases and has a very successful track record in the US for dealing with the EB-5 process. We continue to service EB-5 clients from start to finish.
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This newsletter from Nachman Phulwani Zimovcak (NPZ) Law Group provides updates on recent changes to US immigration laws and policies. It discusses new electronic filing pilots for immigration courts, extended TPS for Yemen, USCIS naturalization processes, immigration court case growth, family separation protests, and options for removing conditional permanent residence due to divorce. It also provides summaries and links for additional information on matters related to asylum claims, issuance of RFES and NOIDs, Notice to Appear guidance, conditional residence removal options, impacts of school transfers on OPT, and the August 2018 visa bulletin.
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USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses
1. USCIS Publishes Filing Guidance for Certain H-4
Dependent Spouses
By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.
USCIS on May 21, 2015, published information to help eligible H-4 dependent spouses who
want to apply for employment authorization under the Employment Authorization for Certain H-
4 Dependent Spouses final rule.
Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form
I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has
already started the process of seeking employment-based lawful permanent resident (LPR)
status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B
nonimmigrant:
• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien
Worker; or
• Has 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 (AC21). AC21 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.
Do NOT submit an application for employment authorization (Form I-765) before May 26,
2015. USCIS will not accept a Form I-765 requesting employment authorization based on H-4
status until the H-4 rule takes effect on May 26, 2015. If you submit a Form I-765 requesting
employment authorization on this basis before May 26, 2015, USCIS will reject and return
your application with the filing fee. You would then need to re-submit the application on or
after May 26, 2015.
In response to the stakeholder teleconference, USCIS posted the following Frequently Asked
Questions that can help in clarifying queries of many eligible applicants.
Frequently Asked Questions
Determining If You May Apply for Employment Authorization
1. As an H-4 nonimmigrant, would my employment authorization be limited to just my H-
1B spouse’s time under AC21? For example, if my H-1B spouse’s petition is approved
for the remaining time left in the 6-year period of admission plus the one year under
AC21 §§ 106(a) and (b), and my H-4 status is granted the same period of time, how long
will my employment authorization be valid for?
2. Your employment authorization expiration date generally will match your H-4 nonimmigrant
status expiration date. USCIS may grant employment authorization for the maximum time
allowed even if the AC21 §§ 106(a) and (b) portion of your H-1B spouse’s extension is only for
part of the full validity period. Under this scenario, your H-1B spouse’s extension has been
granted under AC21 §§ 106(a) and (b), so you would be eligible for employment authorization
for as long as your H-4 status is valid.
2. Is this a one-time opportunity?
No, this is not a one-time opportunity. If you are a H-4 nonimmigrant who obtains employment
authorization under 8 CFR 274a.12(c)(26), you may file to renew your employment
authorization and receive a new EAD as long as you remain eligible for employment
authorization as described in 8 CFR 214.2(h)(9)(iv).
3. Do I need to be in the United States to apply for employment authorization based on
my H-4 status?
Yes, you must be in the United States to apply for employment authorization. You must be in H-
4 status to be eligible for employment authorization, and an individual outside of the United
States cannot be in H-4 status.
4. Am I eligible for employment authorization if USCIS revoked my H-1B spouse’s
approved Form I-140 petition?
In order to qualify for employment authorization as an H-4 nonimmigrant, your H-1B spouse
must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary
of an approved Form I-140. If USCIS revokes the Form I-140 petition, your H-1B spouse is no
longer the beneficiary of an approved Form I-140. Therefore, you would not qualify for
employment authorization based on that eligibility criterion. You may still qualify for
employment authorization if your H-1B spouse has received an extension of stay under sections
106(a) or (b) of AC21.
5. My H-1B spouse’s approved Form I-140 was filed by a previous employer. Am I eligible
for employment authorization?
For you to qualify for employment authorization based on your H-4 status, your H-1B spouse
must have been granted H-1B status under sections 106(a) and (b) of AC21 or be the beneficiary
of an approved Form I-140. USCIS does not require that the approved Form I-140 be filed by
your spouse’s current employer or by the same employer who filed your H-1B spouse’s Form I-
129, Petition for a Nonimmigrant Worker.
6. What happens to my employment authorization if USCIS revokes my H-1B spouse’s
Form I-140?
We have the discretion to revoke your employment authorization if your H-1B spouse no longer
has an approved Form I-140 or is no longer eligible for H-1B status under sections 106(a) and
3. (b) of AC21. Both you and your H-1B spouse must be maintaining your nonimmigrant status for
you to be eligible for employment authorization under 8 CFR 274a.12(c)(26).
7. If I am granted H-4 employment authorization, can I work anywhere (including
starting my own business)?
Yes. If you are granted employment authorization based on your H-4 status, your employment
authorization is unrestricted. This means that your employment authorization is not limited to a
specific employer. It also does not prohibit self-employment or starting a business.
8. Can I employ other people?
As noted above, employment authorization based on H-4 status under 8 CFR 274a.12(c)(26) is
unrestricted. Such employment authorization does not prohibit self-employment, including
situations where the H-4 nonimmigrant hires individuals as employees of their business.
Applying for Employment Authorization
1. Can I file the following applications/petitions concurrently?
a. An H-1B extension of stay petition, an H-4 extension of stay application, and an
application for employment authorization?
Yes. You may file your Form I-765, Application for Employment Authorization together with
your Form I-539, Application to Extend/Change Nonimmigrant Status and the Form I-129, Petition for
Nonimmigrant Worker filed on behalf of your H-1B spouse. For extensions of nonimmigrant
status, the Form I-129 for your H-1B spouse can be filed no more than six months before the
date that the employer needs your spouse to work.
b. A new H-1B petition, a new H-4 change of status application, and an application for
employment authorization?
Yes, but this scenario is possible only if your H-1B spouse has an approved Form I-140 or is
requesting an extension of stay under sections 106(a) and (b) of AC21. Your spouse’s employer
can file Form I-129 for your H-1B spouse no more than six months before the date the employer
needs your spouse to work.
Please note that under this scenario, we cannot adjudicate your Form I-765 until we make a
determination about both your H-1B spouse’s eligibility for H-1B status under sections 106(a)
and (b) of AC21 and your eligibility for H-4 nonimmigrant status.
In either of the above scenarios, USCIS will not begin the 90-day interimEAD clock until we make
a decision on your spouse’s H-1B status and your H-4 status.
2. Will the Form I-765 be a paper-based application, or will it be an electronic
application?
4. If you are applying for employment authorization based on your H-4 nonimmigrant status, you
must file a paper Form I-765 application. We will not accept electronic Form I-765
applications.
3. What evidence should I, as an H-4 nonimmigrant, submit to demonstrate my eligibility
for employment authorization?
When applying for employment authorization based on your H-4 nonimmigrant status, submit
the following with your application to demonstrate eligibility:
Evidence of your H-4 nonimmigrant status;
Evidence of your qualifying spousal relationship with the H-1B principal nonimmigrant
(such as a copy of your marriage certificate);
Evidence of your spouse’s H-1B nonimmigrant status, such as:
o A copy of Form I-797, Notice of Approval, for Form I-129 filed on your H-1B
spouse’s behalf (if already approved and not being filed with your application for
employment authorization);
o A copy of your H-1B spouse’s Form I-94, Arrival-Departure Record;
o The receipt number of the approved Form I-129 filed on behalf of your H-1B spouse
(if already approved and not being filed with your application for employment
authorization); and/or
o A legible copy of the personal data pages of your H-1B spouse’s passport, the visas on
which he or she last entered the United States, and the latest U.S. admission stamps in
his or her passport.
o If you are applying for employment authorization based on your spouse’s grant of H-
1B status under AC21 §§ 106(a) and (b), include the following evidence:
Evidence that your H-1B spouse is the beneficiary of a Permanent Labor Certification
Application filed at least 365 days before the expiration of his or her six-year limitation of
stay as an H-1B nonimmigrant. Such evidence may include, but is not limited to:
o A copy of a print out from the Department of Labor’s (DOL’s) website or other
correspondence from DOL showing the status of the Permanent Labor Certification
Application filed on your H-1B spouse’s behalf; or
o If DOL certified the Permanent Labor Certification, a copy of Form I-797, Notice of
Receipt, for Form I-140 establishing that Form I-140 was filed within 180 days of
DOL certifying the Permanent Labor Certification Application; OR
Evidence that your H-1B spouse’s Form I-140 was filed at least 365 days before the
expiration of his or her six-year limitation of stay as an H-1B, and the Form I-140 remains
pending. Such evidence may include, but is not limited to:
o A copy of your H-1B spouse’s Form I-797 Receipt Notice for Form I-140; or
o The receipt number of your H-1B spouse’s the pending Form I-140 filed on behalf of
the H-1B spouse.
5. If you are applying for employment authorization based on your spouse being a beneficiary
of an approved Form I-140, include evidence that the Form I-140 filed on your H-1B
spouse’s behalf has been approved. Such evidence may include, but is not limited to:
o A copy of the Form I-797 Approval Notice for Form I-140; or
o A copy of the Form I-797 Receipt Notice for Form I-140 along with an explanation
about why the Form I-797 Approval Notice is unavailable.
If you cannot submit the evidence listed on the Basis for Work Authorization section,
you must demonstrate your inability to submit such evidence and instead submit secondary
evidence, such as an attestation that lists information about the underlying Form I-129 or Form I-
140 petition.
Such attestation can include the receipt number of the most current Form I-129 extension of stay
filed on your H-1B spouse’s behalf or the receipt number of the approved Form I-140 petition
filed on your H-1B spouse’s behalf, and the petitioner’s/beneficiary’s names in the underlying
Form I-129 or I-140. If you cannot obtain such secondary evidence, explain your inability to do
so and submit two or more sworn affidavits by non-parties who have direct knowledge of the
relevant events and circumstances.
4. Will USCIS require me to submit original documents with my application for
employment authorization?
As noted in the instructions for Form I-765, Application for Employment Authorization, you
may submit a legible photocopy of an original document with your application, unless we later
specifically request the original document in a request for evidence. If you submit original
documents when not required, those documents may remain a part of the record and will not be
automatically returned.
5. Will premium processing be available for Form I-765, Application for Employment
Authorization?
No. Premium processing is not available for Form I-765 applications filed by H-4 dependent
spouses under 8 CFR 274a.12(c)(26).
6. What if my Form I-539 for H-4 status is still pending on May 26, 2015? Can I file Form
I-765 immediately? Will USCIS match my Form I-765, Application for Employment
Authorization to my pending Form I-539?
If you have filed a Form I-539 and it is still pending on May 26, 2015, we encourage you to wait
until your Form I-539 has been adjudicated before filing a Form I-765. This will prevent delays
in the adjudication of your Form I-765. Additionally, because we anticipate a high volume of
filings, we cannot guarantee that we will be able to match your Form I-765 with your Form I-
539.
6. How We Will Adjudicate Your Application for Employment Authorization (Form I-765)
1. Will USCIS cut off Forms I-765 after receiving the anticipated number of applications
stated in the rule?
No. There is no cap on Forms I-765 filed based on H-4 dependent spouse eligibility under 8 CFR
274a.12(c)(26).
2. Does USCIS expect any changes to the Form I-140 immigrant petition process based on
this regulation change?
No. We do not anticipate any changes in the way officers adjudicate Form I-140 immigrant
petitions.
3. I am an F-1 nonimmigrant who possesses Optional Practical Training (OPT)
employment authorization. Would there be continuous employment if I file a petition
requesting H-4 nonimmigrant status concurrently with an EAD?
As an F-1 nonimmigrant who has employment authorization under OPT, you are allowed to
work only as long as the OPT authorization remains valid. Filing an application to change status
from F-1 to H-4 nonimmigrant status and/or an application for employment authorization based
on H-4 status does not extend your employment authorization under OPT or any previously
granted employment authorization. If you file a Form I-539 requesting to change your
nonimmigrant status to H-4 and you include a Form I-765, we will adjudicate your Form I-765
only after we adjudicate your Form I-539 and grant you H-4 status.
4. Will USCIS backdate the beginning validity date on the EAD to the start of my H-4
status if the Form I-539 is adjudicated before Form I-765?
No. We will not backdate the validity date of your EAD to the time your H-4 status was granted.
Your EAD will be valid beginning on the date that USCIS adjudicates your Form I-765 or the
date you acquire qualifying H-4 status, whichever is later. Additionally, your EAD will expire
when your H-4 nonimmigrant status expires.
While Waiting for USCIS to Adjudicate Your Application for Employment Authorization
(Form I-765)
1. Can I travel while my Form I-765 is pending?
You may travel if you are in valid H-4 status and meet all the admission requirements, including
having a valid H-4 nonimmigrant visa. However, traveling outside of the United States could
cause delays in your case. While you are outside of the United States, we may need additional
information to make a decision on your Form I-765 or we may issue a Notice of Intent to Deny
(NOID) with an opportunity to respond. If you do not respond on time to a Request for Evidence
(RFE) or to the NOID, we may deny your case as abandoned. Additionally, travel outside of the
7. United States may also cause possible delays if we need to reschedule your appointment at an
Application Support Center.
Finally, please note that if you file Form I-765 concurrently with Form I-539 requesting a change
to H-4 status from a different nonimmigrant classification, we will deny your Form I-539 as
abandoned if you travel abroad while your Form I-539 is pending. In this case, we would also
deny your Form I-765.
2. How long will it take USCIS to adjudicate my Form I-765?
The timeline will vary from case-to-case. Currently, the processing time for Form I-765 is 90
days (3 months). Please note that if you file a Form I-765 based on your H-4 nonimmigrant
status under 8 CFR 274a.12(c)(26) concurrently with a Form I-129 and Form I-539, the
processing timeline will not begin until we have made a decision on your spouse’s eligibility for
H-1B status and/or your eligibility for H-4 status. Processing may also be delayed if the evidence
included with these benefit requests does not establish eligibility and we need to issue an RFE or
NOID.
Once You Receive Employment Authorization
1. Can I use my EAD to enter and exit the country?
No. An EAD issued to an H-4 dependent spouse under 8 CFR 274a.12(c)(26) is not an entry
document. If you have H-4 nonimmigrant status and depart the United States, you must use your
valid passport and H-4 nonimmigrant visa (unless you are visa exempt) or other travel document
to return to the United States.
For any additional H-4 Spouse information, please feel free to contact the Nachman Phulwani
Zimovcak (NPZ) Law Group, P.C. at info@visaserve.com or by calling our offices at 201-670-
0006 (x107).