H-1B and H-4 News

H-1B and H-4 News

As we head into a long weekend (Happy Memorial Day!), there is some news to share on the H-1B Specialty Worker Nonimmigrant visa and H-4 Dependent of the H-1B Visa.

H-1B News

USCIS released guidance instructing employers when to file amended petitions and labor condition applications. This comes on the heels of a decision from the USCIS’ Administrative Appeal Office. Employers of H-1B visa holders should be cognizant of their obligations to USCIS when they move employees to new work site locations.

H-4 News

A DC Federal Court heard a complaint filed against allowing H-4 dependent spouses access to work authorization. The basis of the suit is that H-4 work authorization is not statutorily contemplated. USCIS announced in February 2015 that May 26, 2015 will be the first day it will process H-4 work authorization claims. The court has not yet made a decision on whether it will issue an injunction or dismiss the case. USCIS is preparing to adjudicate its H-4 work authorization applications.

Not every H-4 dependent will be eligible for work authorization. Children are forbidden from applying. Spouses are eligible only if they meet one of two conditions. Their H-1B principal must either have a pending I-140 petition for Permanent Residence and is in AC21 (106)(a) and (b) H-1B status or have an approved I-140 Petition for Permanent Residence, but waiting for the priority date to become current.