USCIS Finds New Way To Stop H-1B Spouses From Working

[DrBeta]

By increasing administrative processing time and decoupling H1B applications with H4 to increase processing times. 

https://www.forbes.com/sites/stuartanderson/2019/06/10/uscis-finds-new-way-to-stop-h-1b-spouses-from-working/

[snoww]

****UPDATE 6/7/19  My firm has filed a lawsuit yesterday against USCIS on behalf of four H-4 applicants for unlawfully delaying applications for extensions of stay and accompanying H-4 EADs for spouses of high-skilled immigrants who are waiting in line for permanent residence. We seek to force USCIS through litigation to adjudicate these renewals in a reasonable time as required by the Administrative Procedures Act. We have yet to see any approval of an H-4 after the biometrics requirement began, even for those filed with a premium processing H-1B. This means H-4 EADs are being delayed. We advocate for fair and timely adjudications for the high-skilled legal immigrant community.

http://immigrationgirl.com/new-i-539-form-requiring-biometrics-march-11th/

[nizambadnarsingyadav]

Endhi vay eedu cheap ga tayaru ayindu ...  

[AndhraneedSCS]

Maybe they are busy processing FY20 H-1B petitions?

[Deadp0ol2]

ee lawsuit ese vaala applications ki kooda oka rule teste...daridram odilipotadi

[DrBeta]

Ok

People file into a U.S. Citizenship and Immigration Services office in the early morning hours of April 22, 2019, in Fairfax, Virginia. (Photo by Pete Marovich For The Washington Post via Getty Images)

While government agencies often get criticized for a lack of creative thinking, U.S. Citizenship and Immigration Services (USCIS) has shown it can come up with innovative ways to restrict high-skilled foreign nationals and their spouses. A rule is pending with the Office of Management and Budget to rescind a 2015 regulation that provides work authorization for the spouses of certain H-1B visa holders. Perhaps not satisfied that the new rule would end work authorization quickly, USCIS has developed a new method to prevent H-1B spouses from working in America.

Work authorization for the spouses of high-skilled foreign professionals is not only modern (two-income couples have been around for many decades) but necessary for families waiting years for a green card in expensive cities. It is also standard in advanced economies. The 2015 regulation granting work authorization to the spouses of H-1B visa holders observed that Canada and Australia permit the spouses of foreign professionals to work. “These regulatory amendments will bring U.S. immigration policies more in line with the policies of other countries that seek to attract skilled foreign workers,” according to the 2015 H-4 rule.

Prior to March 2019, USCIS would typically adjudicate an H-4 dependent petition and the H-4 EAD (employment authorization document) application at the same time as the H-1B petition from the same family, particularly when premium processing would ensure adjudication within 15 days. This allowed for timely approval of work authorization (an EAD) for the H-4 spouse and was important because an H-4 EAD application cannot be approved until the H-4 (dependent) application is approved – and an H-4 cannot be approved until an H-1B petition is approved.

A new lawsuit charges that USCIS changed its policies in a way that has harmed the spouses of H-1B visa holders. “Sometime after March 22, 2019 . . . USCIS changed their internal policy of adjudicating H-4 and H-4 EAD applications concurrently with premium processing H-1B petitions and would now begin processing such cases in regular processing separate from the H-1B,” according to the brief filed by attorneys Jonathan Wasden and Steven Brownon behalf of four plaintiffs.

“By decoupling adjudication of the H-1B and H-4, USCIS has unreasonably and unnecessarily slowed down the processing of H-4 and H-4 EAD adjudications,” said Wasden in an interview. A new process (for biometrics) that is not required by statute has contributed to the delays and the “decoupling.”

The plaintiffs’ brief states:

An H-4 EAD application cannot be approved without a valid H-4. As of May 31, 2019, USCIS processing times for an H-4 application are as long as eight and a half months. Processing times for the H-4 EAD are currently approximately 5 months. Defendant’s intentional and coordinated actions have placed Plaintiffs, and numerous other H-4 and H-4 EAD applicants like Plaintiffs in the position of losing jobs, insurance, driver’s licenses, and causing a significant strain on the applicant’s personal finances as well as the American businesses that employ them.

The plaintiffs’ argument is that rather than the 30-day processing standard set in a sense of Congress in legislation passed in 2000, USCIS is violating the Administrative Procedure Act by an “unlawful delay” and seeks an order from the court for timely adjudication of the plaintiffs’ H-4 EAD applications.

Since gaining an initial H-4 employment authorization document, plaintiff Sree Vindhya Nagandla has worked as a business analyst. However, a renewal of her H-4 EAD is still pending. “Agency delay will lead to Mrs. Nagandla losing her job, driver’s license, and her family would be unable to continue to make necessary mortgage payments of the house that is in her name if the Court does not compel the Agency to act,” according to the plaintiffs’ filing.

Another plaintiff, Sriharsha Gudla, risks losing a job that supplies health insurance coverage for the entire family, including two U.S. citizen children age 7 years and 11 months. Sriharsha has been placed on unpaid leave from work due to the USCIS delay in processing the H-4 EAD application. Two other plaintiffs, Vasavi Sai Durgam and Sai Laxmi Kallu, risk losing their jobs because of the USCIS processing delays.

It is possible USCIS may settle this case to avoid a judge scrutinizing and ruling against its policies that are preventing H-1B spouses from working. However, if that’s the case, then that would mean USCIS believes it is acceptable to treat people poorly so long as you can avoid public and judicial scrutiny. Most Americans would like government officials to aim for a higher standard.

 

[AndhraneedSCS]

H4 EAD ki kuda premium processing fee pedithe saripotundi. 

 

if people want it on time and are ready to pay for a service there should not be a problem.

[rapchik]

4 minutes ago, AndhraneedSCS said:

H4 EAD ki kuda premium processing fee pedithe saripotundi. 

 

if people want it on time and are ready to pay for a service there should not be a problem.

adaa intention ee job cheyakunda apali ani.... mali premium endhi...okavela petina..Dhantlo kuda RFE vesthadu 

[fasak_vachadu]

1 minute ago, rapchik said:

adaa intention ee job cheyakunda apali ani.... mali premium endhi...okavela petina..Dhantlo kuda RFE vesthadu 

H4 EAD ki kuda RFEs unataya .......... orini USCIS baga use chesukutunadu mana desis nee ..... ippatiki wall katadam ayipotunde

[rapchik]

26 minutes ago, fasak_vachadu said:

H4 EAD ki kuda RFEs unataya .......... orini USCIS baga use chesukutunadu mana desis nee ..... ippatiki wall katadam ayipotunde

Esthadu esthadu ...inka mundhe adhe...

[ekunadam_enkanna]

4 hours ago, snoww said:

We advocate for fair and timely adjudications

They are delaying adjudications across the board--not just employment based but also family based. USCIS in earlier incarnations used to do this kind of stuff. 

[raccha rambabu]

Igo.. naku ayyindhi.. naa H1 camed in 1 and half week and H4 2 months aithundhi .. ippatiki raley.. 

nenu H4 EAD kuda apply cheyyale cos we preferred that only one will work and manage with what we have and maintain that balance for the kids.

aina kaani H4 late chesthunnaru.. Ippudu India ki podham anna kuda  em cheyyaleni paristhithi.

India ki theginchi pothey kuda malli thirigi ravali antey H4 approval time paduthundhi .. eppudu vasthadho thelvadhu.. chala galeeez makey loudey gallu unnaru eee kodukulu

[Hector8]

5 minutes ago, raccha rambabu said:

Igo.. naku ayyindhi.. naa H1 camed in 1 and half week and H4 2 months aithundhi .. ippatiki raley.. 

nenu H4 EAD kuda apply cheyyale cos we preferred that only one will work and manage with what we have and maintain that balance for the kids.

aina kaani H4 late chesthunnaru.. Ippudu India ki podham anna kuda  em cheyyaleni paristhithi.

India ki theginchi pothey kuda malli thirigi ravali antey H4 approval time paduthundhi .. eppudu vasthadho thelvadhu.. chala galeeez makey loudey gallu unnaru eee kodukulu

india ki velli nee approval copy tho H4 stamping vesukoni ravahu kada ventane? why wait time

[raccha rambabu]

Just now, Hector8 said:

india ki velli nee approval copy tho H4 stamping vesukoni ravahu kada ventane? why wait time

But i think for this, they would need the approved copy, naku thelisinantha varaku. If they dont then it totally makes sense. 

Elano stamping ki povali , but if they ask for approved H4 copy , that is where we would get into trouble since the current application of extension is already in process and once out of country , i need to notify USCIS to withdraw the application and then leave the count.

[Sucker]

H4 sangathi tarvatha Pacha card sponsorship ki almost 2 years vaa maa Fl lo memu yevadiki cheppukovali