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Spouses of H-1B Visa Holders May Be in Trouble


Numerous people that are currently working legally in the country based on rules implemented during the Obama administration may find themselves out of work, whether they like it or not. The H-1B visa currently allows skilled workers to temporarily visit the United States. If they have applied for lawful permanent residence, their spouses are allowed to legally work under what’s called an H-4 employment authorization. These spouses are typically highly educated women with degrees.

The H-4 employment authorization document (EAD) was introduced in February of 2015 to allow skilled talent to stay in the country. The document also served as a way to allow spouses to work while waiting for their green cards, which can take several years to be granted.

A lawsuit filed by an organization of IT workers alleging they have lost their jobs to workers holding H-1B visas may jeopardize the employment status of many spouses. The lawsuit contends that the EAD is taking jobs from citizens, nor did the Department of Homeland Security have the authority to create a new employment visa category. Only Congress has the authority to allow H-4 spouses to work.

If you have questions about your visa, give us a call to discuss your situation and what your options are.

This information is provided by Miami bankruptcy lawyer Alonso, Perez & Santos, LLP.  Our areas of practice include bankruptcy, insurance litigation, debt harassment, credit card defense, foreclosure defense, immigration law Miami, condominium law, business start-ups, and more.  Call 305-676-7545 to speak with one of our attorneys and receive a free consultation.  We look forward to working with you.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.