Fairness for H4 visa holders

United States is known for one of the strongest advocates of equality and fairness. Having equal rights is fundamental to the American society and people around the world aspire to live in a country where each person gets the same opportunity.

Research conducted by The Equality Trust on equal societies have shown that societies that promote equality have better education and general health, more innovation, higher social mobility, and more trust.

Yet, when it comes to immigration, fairness between husbands and wives seems like an 18th century topic. The land of liberty prohibits H4 visa holders to work in the United States unless their spouse has a approved I-140. H4 visa holders are spouses or other family members of an H-1B visa holder (H1-B is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations). They usually accompany the H-1B visa holders as dependent family members in the US, but they do not have the same privileges as their spouses, the H1-B visa holders. H4 visa is only valid for as long as H1-B visa holders are authorized to work and stay in the US (which it’s usually 6 years) and they are not allowed to work in any capacity for a US employer.

Last year, the USCIS has extended the employment authorization (EAD) to certain H4 dependent spouses. Specifically, this new rule allows spouses of these visa holders to legally work in the United States, if they have begun the Green card process. This new law considers eligible for work authorization for those H4 individuals whose spouse has an approved I-140 (The Immigrant Petition for Alien Worker) or the H1-B visa period is extended beyond 6 years limits via AC 21 Law (American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act).

While this is definitely a step into the right direction, one can easily note that the current regulation only applies to certain H4, specifically to those who are on the path to Green card. In reality, these people spend years waiting to be eligible for work authorization because the employers usually start the Green card process for their H-1B employees only until after several years of work. During this time and until the I-140 is approved, while their spouses are working, H4 visa holders have to stay home feeling unproductive, dependent, and not able to pursue a career in their respective fields. Majority of these people are also high-skilled professionals (doctors, engineers, software programmers, etc.) who due to this visa restriction, by the time they reenter the labor market, they already have a huge gap in their employment history.

A gap in the job history can negatively affect not only one’s identity, but also a couple of years out of the workforce can devastate a career. How can an H4 visa holder with a three or five year gap resume, stack up against those of people who have had career accomplishments and have practiced and developed new skills for the same three or five years? That is a question that USCIS should answer instead of these innocent individuals who have not done anything wrong other than following their loved ones.

By: Andreea G. Maier

Author Profile: Andreea G. Maier is a Research Analyst, working for a leading global research agency. She has a B.S. in Psychology and a M.A. in Intercultural Communication from Fairfield University. Having lived and studied in Europe and the USA, Andreea has experienced cross-cultural differences on a first-hand basis. These contrasting cultural patterns have sparked her curiosity in understanding more our cultural differences, as well as exploring our similarities. Her research was published in the Journal of Intercultural Communication Research and Ohio Communication Journal and presented at the National Communication Association Conference.

8 Comments on "Fairness for H4 visa holders"

  1. Its December,2017. I feel like an alien in this world with a H4 visa, it’s 10MONTHs before when i had last seen my wife. Can not really decide whom to blame. H4 or my Mechanical PM experience of 11 years. Keeping breaths tight and firm forgetful every last momment with a hope something someday somehow somewhere will change. All pro who does not support a H4 should have right to work , i salute for their patriotism towards country and i know ii am not alone . 1000s out there waiting for spouses to come back to home or something will change which will be in their favour some day. Will pray for for all those .Amen

  2. Nice article.

  3. Well, All the H1 holders achieved this Work authorization in united states with years of hard work and advanced degrees. It is completely unfair that someone marries a h1 holder and get to work in united states. Its exactly like marrying some one for immigration benefits like Green card which is illegal in USA. If a spouse really has advanced degree and work experience, he/she has to follow the same route as other h1bs. H1b visa is for skilled workers who have skills required by USA, if you give work permits to h4( most of them are not skilled workers),they would take up small jobs which will eventually replace American workers and this is a big loss to US economy. There is no country in the world which gives work authorization to spouses. Even if they give, it will lead to cheap labor and replacement of local workers.

  4. Well said all. Even I’m on H4 having 12 yrs of software testing as a project manager. But now I’m simply at home.Cooking, watching TV,surfing,reading,wasting my time.not sure on what to do. Can this be considered by new government? Can we work as cash job with this Visa? shalini

  5. I challenge other countries to offer this similar fairness. Having worked/lived in Japan, Taiwan, Philippines, India and China, none of those countries have offered my spouse (as I was holder of work visa) the right to work. She was on similar “18th century” visa in those countries. The way to make this change happen is to encourage reciprocity — if the H1B holder’s spouse wants to work in USA, look at your own home country and change the rules to offer that similar privilege. Protectionism is broken down when both sides see mutual benefits.

    • That’s very fair. Singapore I guess is once place where this fairness exists. developing countries like India still have a biased against the woman, Even today they are assumed to just stay at home and raise kids. If not married then stay at home and wait for a guy who her family is going to select for her.

  6. Strongly support the content mentioned, even my wife though she is working as a IT professional she is simply sitting at home as my company has not started Green card for me. The only way is i need to change the company or apply for H1B through lottery which will take lot of time and it need to get selected in lottery.

  7. Good points. A minor nitpick though! It is not about equality between husbands and wives as the topic initially mentioned. A spouse can be a male or female. I give it that majority of the H4 spouses are female. However, I have come across several cases where the husband is on H4. Lets not be unfair to them when we are asking for fairness to all.

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