Archives: H-4

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DHS Moves to Rescind H-4 EAD Rule for Spouses of H-1B Workers

DHS has made the first move to rescind the H-4 EAD Rule: sending the proposed rule to the Office of Management and Budget (OMB) for review. The H-4 EAD Rule provides work authorization for spouses of certain H-1B workers who are in the green card process. OMB review is the first step before publication in … Continue Reading

Bill to Eliminate Per-Country Caps on Green Cards Re-Introduced

Prior to the government shutdown, it seemed that the Fairness for High-Skilled Immigrants Act might pass as an amendment to the spending package with strong bipartisan support. But that was not to be. Now members of the U.S. House and Senate, led by Representative Zoe Lofgren (D-CA) and Senator Kamala Harris (D-CA), have again introduced … Continue Reading

Tech Companies Expand to Canada

Canada has been having success in attracting more high-tech companies and employees from the United States. This trend began in 2008, when such companies in the U.S. could not obtain the number of H-1B visas they needed due to the limited number available. Microsoft opened a development office in Vancouver at that time. Since then, … Continue Reading

Does Presidential Tweet Portend Positive Developments in H-1B Visa Program?

President Donald Trump surprised the immigration community recently with an encouraging tweet about H-1B visa holders: H-1B holders in the United States can rest assured that changes are soon coming which will bring both simplicity and certainty to your stay, including a potential path to citizenship.  We want to encourage talented and highly skilled people … Continue Reading

Litigation over H-4 EAD Rule Rescission To Move Forward

The Court of Appeals for the D.C. Circuit has added Immigration Voice, a group that represents high-skilled foreign nationals, to defend the H-4 EAD Rule. Save Jobs USA v. United States Department of Homeland Security. The H-4 EAD Rule provides work authorization for spouses of certain H-1B workers who are in the green card process. … Continue Reading

Department of Homeland Security Fall 2018 Agenda Portends Big Changes for H-1B Visa, Other Programs

The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program. Many of these changes have been proposed before, but have not yet made it to the rulemaking stage. Among what to expect are the following: USCIS is planning to release a notice of proposed rulemaking to create a … Continue Reading

Other Countries Lay Out Welcome Mat to International Entrepreneurs as U.S. Draws Back

While the Trump Administration is making it more difficult and less attractive for entrepreneurs to start their businesses in the United States (in the name of “Buy American and Hire American”), other countries are rolling out the welcome mat to entrepreneurs. In May 2018, the Administration proposed a rule to remove President Obama’s International Entrepreneur … Continue Reading

Insights: How to Prepare for Rescission of H-4 Employment Program

The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions to its proposal to eliminate H-4 EADs. In its Spring 2018 Regulatory Agenda, DHS announced the expected … Continue Reading

Rescission of Rule Allowing for H-4-Based Employment Authorization Documents (EADs) Expected

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 members of an H-1B worker are admitted in the H-4 category. According to DHS pleadings in the U.S. … Continue Reading
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