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How H-1B visa holder spouses may keep employment rights

The spouses of H-1B visa holders in North Carolina may be facing the loss of their work permits. A proposal that has been sent to the White House Office of Management and Budget would end the practice of allowing spouses to get employment authorization documents.

The H-1B visa grants employment status to specialized workers, many of whom are from India and in the tech industry. These workers and their spouses might also be waiting for green cards. This wait can take years. One possible solution to the H-1B visa dilemma for some workers could actually result in speeding up the visa processing and extending the amount of time on existing visas for some employees.

That solution would involve a company moving the employee to a division in Canada for one year. The employee could also work remotely if desired. After one year, the employee could move back into the country on an L-1B visa. This type of visa would allow the spouse to obtain employment with an L-2 visa. Alternately, an employee who was an executive or a manager might be eligible for an L-1A inter-corporate transferee visa, and this would also allow the spouse to work. The employee and the spouse might also be eligible after a year for permanent residency in Canada as a backup plan.

There may be a number of solutions available for people who are seeking to work or attend school in the United States, to reunite with family members, to get asylum or to avoid deportation. An immigration attorney may be able to guide a person through the complexities of immigration law and any changes that are underway and assist with the complications of filling out paperwork and providing necessary documentation. An attorney may also assist with court appearances if they are necessary.

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