Good News for H-1B Spouse/ H-4 visa holders H-4 EAD restrictions removed by Biden

Introduction

Well, for all international student across the United State of America the most important aspect to build their career here, is to get a support from the government and the immigration council.

As immigrants study hard to get good grades and learn to build their career, they need time to earn some experience in their respective majors and for that H1B visa sponsorship is a solution which comes after your OPT jobs.

What is H4 visa?

As per the USCIS, family members of H1B visa holders get a H4 visa in order to arrive and stay in the United States of America. Family members like the kids or spouse are eligible to get H4 visa (dependent visa).

USCIS allows immediate family members of H visa holders (H-1A, H-1B, H-1B1, H-2A, H-2B, or H-3) to get H-4 visas to lawfully come and stay in the US. These visas are usually issued at the local US consulate office abroad. However, if the person is already in US, he or she can obtain H-4 status by filing Form I-539 for change of status.

What is H4 EAD visa?

United states Citizenship and immigration services has approved the law to allow spouse of non-immigrants H1B visa holders to some extent.

US immigration has caught the attention of the world as the immigration policy of the Trump administration was of no use.

In the pandemic situation, the Trump administration decided to remove all the work permit visas like H1B visa, H4 visa and all the other types of work visas temporarily. But in reality, Donald Trump was willing to ruin the Immigration policy by removing work visas for a long time.

The Trump administration said that these extraordinary work visas are stealing jobs from Americans in their home country.

In reality, the US government invites thousands of highly skilled workers to the US and it helps them in making their economy stronger and competes with other countries in the global market. Silicon Valley decided to block all the social media accounts of Donald Trump. Some Icon experts and investors of Silicon Valley believe that Donald Trump’s immigration policy is a wall between the exchange of ideas and it is also bothering the free movement and engagement of individuals from outside the United States of America which is very important for the growth of US economy.

What are the reforms in H4 EAD visa?

After winning the 46th election of the United States of America Mr. Joe Biden kept his promise of removing the ban on several types of work visas that the Trump administration implemented. He said he will introduce a new and friendly immigration bill.

Joe Biden believes that highly skilled and creative outsiders must be supported to enter the United States of America as it is the land of opportunities and it will keep America great forever. The highly skilled international employees on OPT visa status and seeking an H1B visa or H4 visa must be supported as they are going to contribute their hard work and efforts to the US economy which increases GDP.

Joe Biden has withdrawn the rule of H4 visa EAD removal which was taken by the Trump administration. Joe Biden has also declared that H1B visa seekers or currently working on OPT jobs in the USA will be able to get a job in America again. Joe Biden’s immigration policy has stated that a new selection process will be used for H1B visa seekers and the lottery system will be removed. The USCIS modified the selection process for H1B visa and prioritized the wage system, now the H1B visa holders will get higher pay for their higher and in-demand skills. So, it’s good news that the Biden Administration is really working to improve the immigration policies of the United States of America. The new immigration bill is like a door opened for thousands of dreams. Many changes have been made out by the Biden Administration to make America free and great again.

The Democrats have successfully taken the control of US senate after winning the runoff elections in Georgia. The 46th president of the USA Mr. Joe Biden has announced some changes that are necessary to be done. Joe Biden wants his proposed bills to be converted into law for the sake of the American economy and talented international aspirants.

Proposed Bills of Democrats

Biden administration has created a pathway to citizenship for 11 million undocumented or illegal immigrants. Now those people who don't have any proof of staying illegally in the US will be able to obtain citizenship after 8 years and no further expansion will be needed for refugee admissions. (They call it amnesty for all).

The new immigration bill will help deported immigrants reunite with their families again. This bill also promises to reduce the waiting time for families outside the USA.

The new immigration bill is designed to increase the number of work visas with wage prioritization for international aspirants.

This new immigration bill is designed in such a way that it will deal with migration problems coming to the southern border by its root cause.

The government of America is realizing that it’s a land of immigration and replacing the word aliens with non-citizens.

This new immigration bill is reforming family-based migration by clearing the backlogs and reusing the unused visas and also eliminating the per-country cap.

This new immigration bill is welcoming overstayers. They are going to remove the 10-year bar for people who have overstayed or out of status in the USA.

Withdrawing the rule of H4 visa EAD removal.

Joe Biden has started delivering all the promises he made to the H1B visa holders and their dependents living in the USA on H4 visa.

In 2015, the US government decided to give work permits to H1b dependents under the ruling of Barack Obama. However, the Trump Administration in 2017 decided to revoke work permits for eligible employees and dependents of H1b visa holders on H4 visa.

Due to this declaration done by the Trump administration, many H4 visa holders faced problems and were not able to work in the USA legally. In 2018 a senator of California having her roots in India argued in a letter that the removal of H4 visa EAD will target South Asian women disproportionately.

The Indian-American community has supported senator Kamala Harris on every point and hailed her selection as the Vice president of the democratic party.

The new immigration policy has shown that the promise made by the new president of the USA Joe Biden and Vice president Kamala Harris has been successfully kept. The Biden Administration has withdrawn the rule of revoking work permits for H4 visa holders.

According to the new immigration bill, the spouses of H1b visa holders will be able to work in the USA again. This rule brings an end to the Donald Trump administration’s plan to revoke the regulations of allowing certain spouses of H1b visa holders to work in the USA made by the Obama government.

Donald Trump's agenda of removing work permits from the US immigration policy made him lose the election for the 46th president of the United States of America.

It is a piece of good news that the Biden administration has given to the non-citizens of the USA. Biden believes that the new immigration policy will make America great and welcoming to the whole world again.

America is a land for talented and creative people and no one should create a wall between the free communication between America and the world. After the years it is a good time for H4 visa holders. Now they are relieved from the depressed and stressful environment created by the Trump government.

Now the H4 visa holders will be able to work in the US if their spouses on H1B visa have applied for permanent residency or green card and for that an approved I-140 will be required.

OR

An H1b visa status extended for 6 years under AC21 Act, if their PR or green card application is in process.

FAQs REGARDING THE NEW H4 VISA EAD RULE.

These are the frequently asked questions for the changes made to the H4 visa EAD rule.

How long can I stay In the US on an H4 visa?

How long you can stay in the US on an H4 visa will depend on the primary H1b visa holder with whom you entered the United States of America. An H4 visa holder can stay in the US as long as their primary H1b visa holder is allowed to which is for 6 years including the extension period.

Can I work on an H4 visa?

Yes, but only if your H1b spouse is having an approved I-140 form which is an application for obtaining permanent residency or green card.

Will my H4 visa extend itself automatically if my spouse on an H1b visa gets an extension?

No. if your spouse is extending his H1b visa through his employer, you will not be benefited from that. Remember that USCIS will carry out your process separately. You will have to submit proof showing a valid visa status of your spouse on an H1b visa and what is your relationship with them.

What is the procedure to extend or change an H4 visa status?

When the American employer of the primary H1b visa holder files a petition form I-129 for the extension of his H1b employer it will not include any H4 visa holder.

As an H4 visa holder, you will have to submit your own application with form I-539. This form is used to change or extend an H4 visa status by the USCIS.

Can I travel on an H4 visa?

Yes. Your first job will be to fill out a form DS-160 and the visa fee. Then you can schedule your appointment for visa stamping at your nearby US consulate. After the visa stamping, you will have a valid US visa and you will be able to travel inside and outside the US on an H4 visa.

Conclusion :

It is great news that the government of the United States is working really hard to change its immigration policy. Now once again the USA is opening its border for the non-citizens and H1b aspirants. According to the new law H4, visa holders will be able to work again in the US if their spouses on H1b visa have applied for permanent residency or green card. Obtaining an H4 visa is not as complicated as you think. We are here to help you as much as we can. Contact our customer support team if you have any questions and follow our website for more updates.

  1. Clara Michael

    Clara Michael is a Career Counsellor and Legal advisor at United OPT. she has very good working experience with OPT, CPT and H1B candidates. She has a vast knowledge of recruitment and immigration laws. Through her experience and knowledge, she is giving her best to support the international student community in the USA. Do share the article if you like it.