H-4 Visa Issues for Working Spouses

The United States Department of Homeland Security (DHS) is poised to make a decision on the employment eligibility status of H-4 visa holders, who are the spouses of those here on H-1B visas. An H-4 visa is issued by the U.S. Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H-1B visa holders.

The Trump administration’s policies toward H-4 spouses—delaying their work authorization while preparing to eliminate their work rights altogether—are disrupting the lives of high-skilled workers and the businesses that employ them. In an article by our immigration partner, Berry, Appleman, & Leiden LLP, BAL Associate Nancy Shalhub explains the human costs of these policies and the larger ramifications for U.S. businesses. 

These issues can have an effect on global mobility and talent management objectives for corporations with workers on the H-1B visa. As Shalhub explains, "U.S. companies understand that when it comes to expatriate employees, a happy family correlates with higher employee satisfaction and better retention. A spouse who loses the right to work is more likely to move elsewhere, taking along the principal employee. When an accompanying expat spouse is unable to work, it not only impacts the family finances, but also carries personal costs such as social isolation, lack of purpose and domestic tension. While lawsuits wind through the courts and Congress debates whether to fix an outdated green card system, many couples are voting with their feet—returning to India to start businesses, or moving to Canada where open work permits are granted to spouses of high-skilled workers as a right and the route to permanent residency is much faster and more predictable."

Read the full Perspective here.