The Trump administration in the US is firm to bring ‘America First’ when it comes to the job and its perks. The president played a mind game. His calculative mind adheres to decimate the number of immigrants in the USA. To make it happened he curbed a route to jobs through restrictions, especially on an H1B visa and F1 visa.
This restriction received a huge round of applause from Americans. But practically, the qualified workers there are reaching to epidemic proportion. Especially, the IT firms have been struggling a lot. Now, a record 6.7 million job openings are visibly adding seams for the corporate world there.
However, there is a silver lining in the form of H4 EAD. Let’s have a look over what it is.
What’s H4 EAD?
It’s an immigration law, formulated during Obama’s era. It allows some spouses, who have H4 visa, to get EAD or Employment Authorization Document. Its holders are mostly women. Its holders win an opportunity to do any kind of job there. The previous President of the USA, Obama, had gifted the right to employment to its holders.
The Trump administration would likely to take away this right. But, it has to fight the anger of expats while struggling with the scarcity of inexpensive professionals simultaneously. If so happens, a vacuum would be created in the corporate world there. Nearly 100,000 individuals would have to leave their jobs. It would adversely impact their employers. However, the current administration has kept this decision in the pending list.
Let’s take a cursory look over what benefits it offers.
How is H4 EAD beneficial for the NRIs?
- The H4 EAD holders are legally eligible to work full time or part time. They can be designated on any position in any firm or organization. It doesn’t mean that to work is mandatory for them. It purely depends on their willingness.
- Such holders can commence any business there. It can be of any type.
- Unlike other H1B visa holders, the H4 EAD holders don’t need to have a job offer in their hands.
- They don’t need to wait for a précised period to apply for the EAD. Rather, the NRIs can apply for it anytime. Also, there is no quota.
Overall, it’s a perk for those who’re there on the dependent visa.
As it’s aforementioned that only a few are able to get it, catch the guidelines to know who can be that lucky ones:
Who can get H4 EAD?
- As it’s available for the spouse, his/her spouse should be working on H1 visa. Also, his/her visa should be valid.
In case, his/her visa status is invalid, the spouse won’t be allowed to get EAD until and unless the H-1 visa holder spouse wins a valid visa status.
- The EAD is available to the spouses who belong to these categories:
- H-1 B spouse must be an approved beneficiary of I-140 (the petition for immigrant worker)
- Even if the beneficiary moves to another employer after becoming I-140 beneficiary, that will be ok.
- The situation would be reverse (not ok) when the approval is not valid. It implies that such individuals can’t apply for the EAD if their I-140 status is cancelled.
- The category of the I-140, like EB-1, EB-2, won’t cast any impact since it doesn’t matter.
- The H-4 visa holder’s spouse can apply for it soon after his/her I-140 form is approved. There is no particular time to apply for it.
- The H-1B visa holder should have an extended visa beyond the initial 6 years in one year increments. It’s what the AC-21 rule states. It is permitted to the H-1 visa holders who have a Perm Labour Certification (LC) or I-140. The visa holder should file for it prior to 365 days at least before the maturity of the 6th year of H1B visa.
- One can have the Employment Authorization Document even if the Perm LC or I-140 is under the approval process.
- The applicant can apply for it in any year after 5th year in the USA. It can be 6th/ 7th/8th or any year.
For now, the Trump administration is lenient. It’s not taking away this right from the H4 visa holders. So, it’s good news for immigrant Indians in the USA.
