As H-1B visa attorneys, we are happy to report that a recent settlement between the USCIS and a pair of immigrants (and their attorneys) should make life easier on the spouses of legal H-1B workers who are looking to work themselves. The settlement represents a complete turnaround from a policy previously in place.
Immigration Law Is in Flux
Immigration law in the U.S. can be complicated for this very reason. Our system allows federal bureaucratic agencies – like the USCIS – to change the rules without having to go through Congress. For all intents and purposes, this means our immigration rules are always in flux.
This is part of the reason so many foreign workers wanting to come to this country to work have such a difficult time navigating a system. Likewise for their employers. Employers are aware of the H-1B visa, as well as the other options for that matter, but don’t know how to facilitate the approval process.
If you have not guessed by now, this is why immigration attorneys can be so valuable. It takes a lot to keep up with immigration law and its frequent changes. But attorneys who specialize in immigration law make it their business to stay on top of things.
Both foreign-born workers and their employers be aware of the potential pitfalls of navigating the visa application process on their own. For starters, there is more than one type of work visa. The United States offers multiple types of visas depending on what a foreign-born worker does, the demand for their services, the length of time they will be working in the United States, and more.
The other thing is all the paperwork involved. As you know, the government loves paperwork. They also tend to slow down processing it if all the details are not just right. An experienced immigration attorney knows how to complete the paperwork and submit it in a timely manner to avoid delays and potential denials. For that alone, hiring an attorney to help with business immigration is very advisable.
Do Not Be Afraid to Ask
With the recent USCIS settlement now on the books, the rules regarding adjudicating work applications for the spouses of valid H-1B visa holders have changed yet again, and rest assured though that the rules are more than likely to change again in the future.
As a Graham Adair client, we hope you are never afraid to ask about things you do not understand. We don’t expect you to know and fully grasp all the rules. We do not expect you to be an expert on immigration law. That’s our job.
We are here to answer your questions. We are here to help you navigate the visa process as efficiently and quickly as possible. We are here to help you understand your rights and represent you as needed.
The spouses of current H-1B visa holders will no longer have to wait so long to be approved to work in this country. Thanks to the recent USCIS settlement, all the paperwork can now be bundled and adjudicated together.