Employment Authorizing the H4!

Posted in Uncategorized at 5:49 pm by Lalita Haran

H4 dependents, some of them, may now qualify to seek employment authorization (EAD). The new presidential executive order allows certain dependents of H1B visa holders to seek employment authorization.

Under the existing rules dependents of H1B visa holders (family of a foreign national worker) can stay in the United States in H4 status but could not work. The present executive order modifies the the existing rule to some extent by granting the H4 dependents eligibility to apply for EAD (starting 5/26/15) if the H1B worker has an approved employment based permanent residence petition i.e. I-140.

Hurray! Because this is a great achievement for U.S. Immigration Law. Under the pre-existing rules an H4 dependent would be able apply for an EAD only upon filing the adjustment of status application and this could take forever for certain countries like India and china, with priority dates for Eb2 and EB3 categories remain backlogged most of the time.

USCIS announcement rightly reasons that this change will help alleviate the economic burden on the H1B families. Many hidden talents lay among these H4 dependents and the present order would give the economy the ability to tap the skills or talents, readily available in the country for not much additional cost.

My most favorite reason however, as USCIS claimed, is that the “EAD for H4” would let U.S. immigration law be able to compete with the immigration laws of other countries. Hurray, again for the belated realization at last. Yes, with world economy growing there is great demand for real talent worldwide and talents are being driven away by conservative rules. In a buyers market the archaic U.S. immigration laws need big transformation to remain lucrative to ALL!

We need Comprehensive Immigration Reform!