US-based spouses queue up for H1-B visas |
The US immigration authorities will begin to accept applications for H1-B visas (a popular skilled-work visa among Indians) from April 2. These visa applications are for the fiscal year which commences from October 1 (referred to as FY 2019). Spouses of current H1-B visa holders are expected to queue up. The reason is simple: with the Trump administration`s decision to rescind granting of work permits to these spouses, an H1-B visa, even if challenging to obtain, seems a safer bet. Spouses of H1-B visa holders are granted an H4 visa. They are not entitled to work or carry on their own business unless they obtain an `employment authorisation document` (EAD), which is a work permit. However, not all dependent spouses of H-1B visa holders are eligible to apply for an EAD. This route is available only if the H-1B visa recipient is on track for a green card. A draft proposal, which will be the first step towards rescinding the existing policy that permits issue of EADs is expected in June. The entire process of bringing in a new rule could take up to the end of 2018 or even stretch to 2019, say immigration experts. Meanwhile H4-EAD holders are exploring various options, which includes the H-1B route.
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