New rules may alter who can work in the United States
On Behalf of Coughlon Law Firm, PLLC. | Jan 15, 2018 | US Immigration Law
Since 2015, those who are the spouses of H-1B visa holders have been allowed to work in Arizona and throughout the United States by holding a H-4 visa. However, this rule may be revoked as per an executive order issued by President Trump in April 2017. It is thought that revoking the rule implemented by President Obama could make it harder to convince H-1B visa holders to remain in the country.
It is important to note that their spouses could still gain work authorization in other ways. Revoking the rule may have the biggest impact on the technology sector that relies on the H-1B visa to find skilled workers. It may also have an impact on Indian workers as they make up 70 percent of H-1B visa holders. In addition to facing pressure from the Trump administration, the H-4 rule is also facing legal action from a group called Save Jobs USA.
Each year, there are 85,000 H-1B visas made available to skilled workers. President Trump has proposed narrowing the number of occupations that a person can work in to qualify for one. Going forward, applications for this visa will be screened in a manner similar to the way initial visa applications are. An H-1B visa is good for three years and can be renewed for three more.
Those who are seeking to work in the United States may benefit from having legal counsel when filling out a visa application or seeking to renew an H-1B visa once it expires. Spouses of those who may work legally in the United States may also benefit from legal representation. It may be possible to determine if they can work and what steps may need to be taken to allow that to happen.