Highly qualified foreign workers and their relatives

For decades, the US has benefited greatly from foreign workforce in multiple sectors of the local market; from areas such as technology, science and research, to agriculture, construction, transportation, and the food supply chain.

The local immigration system offers the H-1B visa program, which allows local companies to hire highly skilled foreign workers. Typically, H-1B visa holders work in “specialty occupations” and need to have experience and educational qualifications to meet the mandatory requirements and be able to gain work experience in the US.

Since local businesses greatly benefit from the H-1B visa program, the US Citizenship and Immigration Services (USCIS) also offers alternatives for the closest relatives of foreign workers holding an H-1B visa.

Therefore, spouses and unmarried children (under 21) of H-1B visa holders can apply for the H-4 visa to enter the US. Previously, H-4 visa holders were entirely dependent on H-1B holders. However, in 2015, the Barack Obama administration allowed spouses with an H-4 visa to apply for Employment Authorization Documents (EADs) to also be able to work in the country.

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Lawsuit: EAD renewal delay for H-4 visa holders

On November 3, 2020, a group of 45 foreigners, H-4 visa holders, filed a lawsuit in the Northern District Court of California due to “unreasonable delay” of their EAD renewal applications.

Plaintiffs stated that USCIS was delaying the renewal of their work permits, which could lead to unemployment amid the health crisis caused by the global Coronavirus pandemic.

Instead of responding to the plaintiffs’ request, the USCIS filed a motion to dismiss on December 9, 2020, stating that the legal complaint had been filed in an improper venue.

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Court rules in favor of H-4 visa holders

On December 15, 2020, a local court stated that the USCIS motion to dismiss was invalid. The judge in charge of the case stated that H-4 visa holders filed the legal complaint correctly and have the right to receive the renewal of their employment permits within a moderate period of time.

The judge also states that the USCIS should avoid unduly extending waiting times as it could increase the unemployment rate and affect dozens of foreign workers and their spouses.

Contact Motion Law if you need help with an immigration case or if you are about to start an immigration journey in the US.

Do you need help with an immigration case?

Due to their great contribution to the socioeconomic development of the US, foreigners have a wide variety of options available to apply for entry or legal residence permits. To correctly choose your process and avoid possible rejection by the USCIS, we recommend for you to follow the advice of experts on immigration matters.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.