After months of anticipation, it appears the first major H-1B program-related change will be the recession of employment authorization for certain H-4 spouses. The change should have the largest effect on Chinese and Indian nationals who comprise the highest percentage of current H-4 work authorized beneficiaries.
Spouses and children of H-1B visa holders receive H-4 status so they can remain in the United States with their H-1B beneficiary relative. Historically, individuals in H-4 status were not granted work authorization. In 2015, the Obama Administration implemented a ...
The H-2B visa program allows businesses in the United States to sponsor foreign nationals for a temporary visa to work in nonagricultural jobs. The H-2B program is popular among employers in the hospitality, tourism, and landscaping industries to fill positions that would otherwise remain vacant due to U.S. labor shortages during times when employers are particularly busy. There is a Congressionally mandated limit of 66,000 H-2B visas available each year. Historically, a legal provision known as the "Returning Worker Exemption" allowed foreign nationals counted towards the ...
On September 5, 2017, the Department of Homeland Security ("DHS") issued a memorandum rescinding an Obama-era program known as Deferred Action for Childhood Arrivals ("DACA"). DACA permits certain undocumented aliens that came to the United States before their sixteenth birthday to remain in the United States and apply for renewable two (2) year periods of work authorization. DACA does not provide beneficiaries with lawful immigration status, but many view the program as the first step on the path to citizenship for "Dreamers." DHS will "wind down" DACA over the next six (6 ...
One of the biggest drawbacks for employers trying to utilize the H-1B visa program is the numerical cap. The current law limits the number of H-1B visas available to 65,000 annually with an additional 20,000 available to those with a U.S. Master's Degree. USCIS regularly receives more than triple the cap number in H-1B petitions each year, resulting in the implementation of a random lottery system to determine who receives a visa. Despite the odds, the H-1B continues to be the visa classification of choice for many employers due to the advantages it provides for foreign national ...