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Families of H-1B work visas holders may be de-authorized to work

Immigrants who move to the U.S. to work often get an employer-sponsored H-1B visa that enables them to legally work here. Their immediate families are similarly able to get a work visa, which is an H-4. Now the Department of Homeland Security filed an update to accommodation in federal court on August 20 that enables them to de-authorize the right of H-4 spouses to work.

The U.S. Citizenship and Immigration Services (USCIS) decision was in the final stages of clearance review, but is now pushed to the end of the year. A representative went on to add that this H-4 decision is just one of many that are being reviewed USCIS, some that are bigger and more far reaching.

USCIS still taking applications at this time

The good news is that USCIS still accepts and rules on all applications, petitions and requests. As in the past, these are weighed on a case-by-case basis to determine if they meet the required standards applicable by policies, law and regulations.

Some creating back up plans

According to Public Radio International, H-4 visa holders are still interviewing for jobs, which mean that these workers are still employable. However, this may not be the case in three months, so some are trying to come up with back-up plans. The question is, plan for what? It is hard to plan if you are waiting for citizenship or visa approval.

Attorneys can help

Lawyers do not necessarily speed up the process of getting for H-1B or H-4 visas, but they can help ensure that immigrants’ rights are protected under the law as they work towards citizenship or renewing a visa. The can also walk clients through the process from beginning to end.

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  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber