The H4 EAD has been a lifeline for thousands of H1B spouses, allowing them to work in the US while their family goes through the long green card process.
The H4 visa allows spouses and children of H1B visa holders to live in the US. Over time, the Employment Authorization Document (EAD) for H4 visa holders has allowed some H4 spouses to work, contribute to the economy and support their families. This policy is particularly significant for highly skilled workers in the EB-2 and EB-3 categories, as it helps them navigate the lengthy green card process.
The H4 EAD program for spouses and children of H1B visa holders has tremendous untapped potential to address labor shortages, drive economic growth and attract global talent. Current US policies limit work eligibility for H4 spouses much more than countries like Canada. Expanding work authorization for all H4 visa holders would bring huge benefits to US economy, workforce and innovation ecosystem.
On January 20, 2025, President Donald Trump will be back as US President. With Republican controlled Congress, Trump will likely repeat what he did in his first term and try to make significant changes and possibly eliminate the H4 EAD program launched by Obama in 2015.
Trump’s second term will be all about American workers and H4 work permits are on the chopping block again.
H1B holders and their H4 spouses are getting anxious again. The rollback of Employment Authorization Documents (EADs) for H4 visa holders will disrupt lives of H4 spouses of H1B workers who rely on this provision for employment, independence and social integration.
We will discuss and analyze Trump’s attempts to restrict and eliminate the H4 EAD in the article below, but here are the major points for now:
Here’s a detailed analysis of the program history, risks under Trump 2.0 and what H4 EAD holders and applicants can do to prepare.
For hundreds of thousands of H1B/H4 families who are waiting years (and even decades) for employer based green cards, the rollback of work permits is not just a policy change but a question of livelihood, independence and future stability.
Rolling back H4 EAD eligibility will shrink the US economy by at least $7.5 billion to $13 billion annually and more if families leave for more welcoming countries.
Keeping dual income families will lead to higher consumption, savings and investments and long term economic stability.
Boosting US Workforce
Talent Retention
Canada Is Moving In, Luring skilled migrants away from US.
For those who are not familiar with H4 EAD, first let’s understand H-1B and H-4 visas.
H1B is a non-immigrant worker visa for professionals.
H4 visa is a temporary nonimmigrant visa for spouses and minor children of H visa holders, mainly H1B workers.
H4 EAD was introduced in May 2015 under Obama administration. H4 EAD allows spouses of H1B visa holders to work in US, to help families maintain financial stability. This work authorization was a lifeline for many families facing green card backlogs, so spouses can:
The H4 EAD plays a significant role in legal immigration policies by providing employment opportunities to spouses of H1B visa holders.
Without EAD, H4 visa holders are stuck in dependent status with no way to work legally in US, restricting their financial stability and social integration.
Created Through Executive Action
Like DACA, H4 EAD program is vulnerable to elimination through new executive orders or legislation.
Pursuant to the 2015 DHS rule, H4 visa holders can apply for EAD if:
H4 EAD is not just about income; it’s about independence and inclusion. Losing this authorization means:
This has been a lifeline for many, especially in Indian diaspora, for H4 spouses not only to join the US workforce, but also create a dual income stream into the home, either through employment or entrepreneurship.
In short, EAD is not just about employment; it’s a lifeline for many families and a pathway for dependent H4 spouses to integrate into American society.
Educational Background of H-4 EAD Holders
H4 EAD Employment Statistics
H4 EAD Geographic Distribution
H4 ED Gender and Nationality
Number of Approved H4 EADs
Potential Impacts of H4 EAD Rescission
Job Loss:
Economic Costs:
Family Separation or Exodus From U.S.:
“You have to know the past to understand the present.”
Carl Sagan
To know the risks and shape of future, let’s first look back to the history and evolution of H4 EAD program.
The EAD rule was implemented to address the problems faced by immigrant families stuck in green card backlogs, especially those from India.
Public Comments
Purpose of the Regulation
This regulation addresses several problems faced by H1B families:
DHS authority comes from:
While the rule has broad support, it faces opposition:
Critics argue that the H4 EAD rule takes jobs away from American workers and undermines the integrity of the immigration system. They also claim that it encourages more people to come to the U.S. illegally, hoping to benefit from similar programs in the future. Additionally, there are concerns about potential future restrictions on temporary protected status under a second Trump administration, which could impact many individuals and their employers who depend on TPS for extended work authorization.
Labor Market:
Fraud:
First Year Impact
For Families:
For Employers:
Retain skilled H1B workers and reduce turnover costs.
For the Economy:
Costs
To apply for H4 EAD you must meet both of the following:
You must be in H4 status, which is granted to dependents (spouses or children) of H1B visa holders.
Your H1B spouse must be one of the following:
Include the following with your application:
Proof of H4 Status:
Identity:
Proof of H1B Spouse:
Proof of H1B Spouse’s Status:
Eligibility: Depending on your spouse’s status:
Passport Style Photos:
Translations (if applicable):
Choose the correct filing address based on your application type:
Processing Time:
Decision:
Approval and Validity:
Renewing H4 EAD:
Automatic EAD Extensions:
Edakunni v. Mayorkas. Over 40 companies including Amazon, Google and Apple are part of a lawsuit to bundle H4 EAD applications with H1B extensions to speed up processing.
The settlement now permits bundling but a new administration can bring back similar hurdles.
Bundled Processing
Benefits: Faster approval for H4 and H4 EAD when bundled with premium processing H1B applications. Reduced waiting time for employment authorization.
Current Policy:
Incomplete Applications:
Incorrect Filing Fees:
Misfiling Forms:
Fraud or Scams:
Barriers to Entry and Delayed Access:
Complex Alternatives:
Instead of eliminating or restricting H4 EAD, the White House and Congress should work together to unleash the potential of H4 visa holders by:
Immediate Work Authorization for H4 Spouses:
Equity/Parity with Other Visa Categories:
Spouses of L1 (intra-company transferee), E1 (treaty trader) and E3 (Australian specialty worker) visa holders are automatically eligible to work. Granting similar rights to H4 spouses aligns US policy with these precedents
Retain Talent:
Dual income families are less likely to leave US for countries like Canada and will keep top talent in the American economy
Simplify Processing:
Increase Public Awareness:
During his previous presidency, Donald Trump issued the “Buy American, Hire American” executive order to protect US workers.
During his first presidency, Trump’s “Buy American, Hire American” executive order aimed to prioritize US workers for jobs.
In 2018, Department of Homeland Security (DHS) proposed a regulation titled “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”.
Under this policy:
Although the proposal was not finalized, it created uncertainty for thousands of families.
Original Date Announced
December 14, 2017
DHS published a notice in the Unified Agenda of Regulatory Actions that it intends to rescind a rule making spouses of H1B visa holders who hold H4 visas eligible to work. [ID #492]
April 4, 2018 USCIS reports efforts to narrow eligibility for nonimmigrant worker programs
Subsequent Trump-Era and Court Action(s)
November 1, 2018
Removing H4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization
DHS once again published in the Unified Agenda its intention to rescind the rule providing for work authorization for certain H-4 nonimmigrants.
August 26, 2020
Removing H-4 Dependent Spouses From the Classes of Aliens Eligible for Employment Authorization
The Unified Agenda published on August 26, 2020, noted that DHS will publish a notice of proposed rulemaking (NPRM) in September 2020 modifying the final rule published by DHS in 2015 that extended eligibility for employment authorization to certain H– 4 dependent spouses of H–1B. The new proposed rule will rescind the earlier 2015 rule, making this class of aliens ineligible for employment authorization.
The proposal was widely panned for its economic and social impact, especially for skilled professionals in critical sectors like healthcare, IT and education
The Trump era proposal to rescind H4 EAD faced both procedural and moral challenges:
Expert Analysis
Advocates pointed out the H4 EAD promotes gender equality and financial independence for immigrant families
Biden reversed Trump’s move and kept H4 EAD. This decision:
Immigration experts said removing H4 work permits would disproportionately harm families already waiting for years in green card processing.
Biden issued a regulatory freeze memo on January 20, 2021 and all rulemaking was put on hold. As a result:
It was just Trump. Since its introduction, the EAD rule has been opposed by many, mainly those who claim it hurts American jobs.
From the beginning, the H4 EAD rule has been challenged in court. Save Jobs USA, an organization of U.S. born tech workers, has argued:
US Court of Appeals for the DC Circuit, Judge Justin R. Walker wrote the opinion. Key points:
Support from Major Organizations
Companies and business groups filed an amicus brief in support of H4 EAD during the lawsuit. They argued:
Court Decisions: The courts have upheld the EAD rule, the Department of Homeland Security has the authority to issue work permits to H4 visa holders.
Despite these decisions, advocacy groups are still challenging the policy, adding more uncertainty for affected families More importantly, the rule can still be rescinded or restricted by Trump’s incoming administration.
President Biden’s U.S. Citizenship Act of 2021, announced on January 20, 2021, attempted to create a more permanent H4 EAD. Key points:
The bill did not pass.
The Trump administration previously tried to rescind H4 EAD as part of the “Buy American, Hire American” agenda. Though it didn’t happen during the first term, a second term could bring it back. Key risks:
Proactive planning is key to minimize the risks. Here are the steps H4 EAD holders and applicants can take to protect their status and work authorization:
Even if H4 EAD program isn’t eliminated completely, other changes could affect work authorization:
H4 work permits are uncertain with Trump’s return and policy rollbacks. For many H1/H4 families, EAD is not just about jobs, it’s about independence, dignity and ability to contribute to American dream.
For those interested in the rationale of the 2015 H-4 EAD Rule should read the Rule published in the Federal Register. The summary of the Rule follows and will provide additional evidence and support for those looking to support the program in 2025 and beyond.
The Department of Homeland Security (DHS) created a rule to allow H-4 visa holders—spouses of H-1B visa holders—to work in the US to alleviate hardships and support US businesses by keeping highly skilled foreign workers. Here is a summary of the current framework, eligibility, public comments and the final rule.
H-4 Visa: Supporting H-1B Families
H-1B Families Challenges
Long Wait Times:
Economic and Emotional Strain:
Impact on US Employers
Legislative Relief:
Proposed Rule (2014)
May 12, 2014
DHS proposed to amend the regulations to allow certain H-4 dependent spouses to apply for employment authorization if the H-1B visa holder:
Key Changes in the Rule
During the 60 day comment period, DHS received almost 13,000 comments. Here are the comments:
Supportive Comments (85%)
Economic Benefits:
Social Impact:
Competitiveness:
Opposing Comments (10%)
Mixed Comments (3.5%)
Eligibility Scope:
After comments, DHS finalized the rule with minor tweaks to clarify and address filing issues.
H-4 spouses can file for employment authorization if:
Filing Process Changes
Projected Numbers
For Families
For Employers
For the Economy
1. H-4 Dependents of H-1B1, H-2, H-3 Nonimmigrants
Public Comments
DHS Response
Public Comments
DHS Response
Legal Barriers:
Public Comments
DHS Response
Administrative Barriers:
Public Comments
DHS Response
Approval-Based:
Public Comments
DHS Response
Key Points
Employment authorization is for H-4 dependent spouses of H-1B visa holders who:
Policy Reasoning
DHS will consider further expansion but wants to take it slow and administratively feasible.
1. Employment Authorization for H-1B Nonimmigrants
2. H-4 Dependents not selected in the H-1B lottery
3. Dependents of other nonimmigrant categories
1. Displacement of U.S. Workers
2. Not Necessary
3. Impact on other immigration categories
4. Impact on Universities
The net effect on university enrollment is unknown, some say increased family income will lead to more educational spending.
1. Limit eligibility by skills or sectors
2. Reciprocal employment policies
3. Limit eligibility to AC21 extensions
Comments on DHS’s estimates
DHS Response:
Final estimate:
Comments on economic calculations:
DHS’s position:
1. Simplified filing process
Comments:
Comments:
DHS Response:
Comments:
DHS Updates:
Integration and workforce concerns:
What was asked:
DHS Response:
Why Form I-765 can’t be filed with Form I-140:
Premium Processing
What was asked:
DHS Response:
What was asked:
DHS Response:
Key comments:
DHS Response:
Proposed restrictions:
DHS Response:
Issue:
DHS Response:
Key issues:
DHS Safeguards:
EAD validity:
EAD renewals:
Simplified filing process:
No changes to H-1B program:
Public Comments:
DHS Response:
Key points:
Comments:
DHS Analysis:
Public Comments:
DHS Response:
Public Comments:
DHS Decision:
Key Points:
Current Backlog:
DHS estimates:
New Eligibility per Year:
Methodology:
Key Assumptions:
Applicant Costs
Costs:
Long-term Cost Projections:
Broader Economic and Social Benefits
Benefits:
Retention of high-skilled talent for economic growth, innovation and competitiveness.
1. Applicant Costs
H-4 dependent spouses applying for employment authorization will incur the following costs:
2. Total Costs
3. Renewals
1. U.S. Labor Market
2. Wider Impacts
1. Economic Benefits
2. Social Benefits
1. Alternatives Considered
DHS considered several options before finalizing the H-4 EAD program:
2. Final Eligibility Criteria
3. Regulatory Changes
1. Public Comments
2. DHS Response
Projected Outcomes and Long-Term Impact
Accordingly, DHS amends chapter I of title 8 of the Code of Federal Regulations as follows:
PART 214—NONIMMIGRANT CLASSES
1. The authority citation for part 214 continues to read as follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Public Law 104-208, 110 Stat. 3009-708; Public Law 106-386, 114 Stat. 1477-1480; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 note and 1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2.
2. Section 214.2 is amended by revising paragraph (h)(9)(iv) to read as follows:
Special requirements for admission, extension, and maintenance of status.
(iv) H-4 dependents. The spouse and children of an H nonimmigrant, if they are accompanying or following to join such H nonimmigrant in the United States, may be admitted, if otherwise admissible, as H-4 nonimmigrants for the same period of admission or extension as the principal spouse or parent.
H-4 nonimmigrant status does not confer eligibility for employment authorization incident to status. An H-4 nonimmigrant spouse of an H-1B nonimmigrant may be eligible for employment authorization only if the H-1B nonimmigrant is the beneficiary of an approved Immigrant Petition for Alien Worker, or successor form, or the H-1B nonimmigrant’s period of stay in H-1B status is authorized in the United States under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), Public Law 106-313, as amended by the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273 (2002).
To request employment authorization, an eligible H-4 nonimmigrant spouse must file an Application for Employment Authorization, or a successor form, in accordance with 8 CFR 274a.13 and the form instructions. If such Application for Employment Authorization is filed concurrently with another related benefit request(s), in accordance with and as permitted by form instructions, the 90-day period described in 8 CFR 274.13(d) will commence on the latest date that a concurrently filed related benefit request is approved.
An Application for Employment Authorization must be accompanied by documentary evidence establishing eligibility, including evidence of the spousal relationship and that the principal H-1B is the beneficiary of an approved Immigrant Petition for Alien Worker or has been provided H-1B status under sections 106(a) and (b) of AC21, as amended by the 21st Century Department of Justice Appropriations Authorization Act, the H-1B beneficiary is currently in H-1B status, and the H-4 nonimmigrant spouse is currently in H-4 status.
PART 274a—CONTROL OF EMPLOYMENT OF ALIENS
3. The authority citation for part 274a continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1324a; Title VII of Public Law 110-229; 48 U.S.C. 1806; 8 CFR part 2.
4. Section 274a.12 is amended by adding a new paragraph (c)(26), to read as follows:
Classes of aliens authorized to accept employment.
*
(c) *
(26) An H-4 nonimmigrant spouse of an H-1B nonimmigrant described as eligible for employment authorization in 8 CFR 214.2(h)(9)(iv).
*
5. Section 274a.13 is amended by revising the first sentence of paragraph (d), to read as follows:
Application for employment authorization.
*
(d) Interim employment authorization. USCIS will adjudicate the application within 90 days from the date of receipt of the application, except as described in 8 CFR 214.2(h)(9)(iv), and except in the case of an initial application for employment authorization under 8 CFR 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and 8 CFR 274a.12(c)(9) in so far as it is governed by 8 CFR 245.13(j) and 245.15(n). *
*
Jeh Charles Johnson, Secretary.
Regardless of what Trump does in 2025 on the H-4 EAD, there will likely be extensive litigation in federal courts. Becoming familiar with the history of the litigation will be helpful in understanding how future litigation may play out.
8/2/24 AILA Doc. No. 15052675. Business Immigration, H-1B & H-1B1 Specialty Occupation
August 2, 2024
The D.C. Circuit affirmed the district court’s decision awarding summary judgment to DHS, holding that Save Jobs USA had not meaningfully distinguished the case from binding precedent in Washington Alliance of Technology Workers v. DHS, in which the court held that the 2016 STEM Optional Practical Training (OPT) regulations were within DHS’s statutory authority to set the time and conditions of F-1 admission. The court reasoned that its recent decision in WashTech interpreted the INA to authorize immigration-related employment rules like the H-4 EAD rule, and that Save Jobs USA had made little effort to dispute that reading of WashTech. (Save Jobs USA v. DHS, et al., 8/2/24)
February 8, 2024
After SCOTUS denied cert. in Save Jobs USA v. DHS, et al., the plaintiffs appealed to the DC circuit court. AILA and AIC filed an amicus brief urging the circuit court to affirm the district court decision granting summary judgment.
The amici brief counters appellant’s argument that DHS does not have the authority to permit certain H-4 spouses to work by providing a detailed explanation of the shared congressional and executive responsibility in the INA that the executive followed for almost 35 years in authorizing work for certain categories of noncitizens and its subsequent ratification in 1986 when Congress explained that a noncitizen was “unauthorized” for purposes of the new employment verification provisions if not “authorized to be so employed by this Act or by the Attorney General.” 8 U.S.C. § 1324a(h)(3)(B).
October 30, 2023
The U.S. Supreme Court denied the petition for a writ of certiorari before judgment, leaving in place the March 2023 ruling from the U.S. District Court for the District of Columbia granting summary judgment in favor of DHS. Justice Kavanaugh took no part in the consideration or decision of the petition. (Save Jobs USA v. DHS, et al., 10/30/23)
March 28, 2023
Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia granted DHS’s motion for summary judgment, concluding that DHS possessed the requisite statutory authority to issue the H-4 EAD rule, and that the plaintiff had failed to demonstrate that the H-4 EAD rule was arbitrary and capricious. (Save Jobs USA v. DHS, et al., 3/28/23)
April 2, 2021
On April 2, 2021, Save Jobs USA filed its second renewed motion for summary judgment in the U.S. District Court for the District of Columbia. The updated court schedule is provided below:
May 3 – Defendant’s combined opposition and cross-motion
May 17 – Intervenor’s combined opposition and cross-motion
May 31 – Plaintiff’s combined oppositions and replies
June 14 – Defendant’s reply
June 28 – Intervenor’s reply
February 2, 2021
In light of recent executive and administrative actions, on February 2, 2021, Judge Chutkan ordered a joint status report due by March 5, 2021, advising the court: 1) whether the current dispute has been mooted or the parties anticipate that it will be mooted; 2) whether the parties wish to stay this action for any reason, including the parties’ negotiations over resolving this dispute; or 3) whether the parties agree that this litigation should continue as anticipated pursuant to the federal rules, local rules or a scheduling order.
October 5, 2020
On October 5, 2020, the parties provided a joint status report to the court. In the joint status report, DHS stated “[A]lthough DHS formally submitted the proposed rule, titled Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization (“H-4 EAD proposed rule”) to both the Office of Management and Budget (“OMB”) and Office of Information and Regulatory Affairs (“OIRA”) for review under Executive Order 12866 on February 20, 2019, this proposed rule is still in the same stage due to urgent competing priorities that have arisen during the COVID-19 pandemic.”
Save Jobs asked to move promptly for summary judgment. Immigration Voice (Intervenors) asked for a stay until after the Presidential election.
November 8, 2019
The court reversed the U.S. District Court for the District of Columbia’s 2016 grant of summary judgment in favor of DHS, concluding that Save Jobs USA had demonstrated that DHS’s H-4 EAD rule would subject its members to an actual or imminent increase in competition, and that it therefore has standing to pursue its challenge. (Save Jobs USA v. DHS, 11/8/19)
September 16, 2019
In a letter to the court, DHS states that,
“The proposed rule is currently undergoing the interagency process as required by Executive Order 12866. As previously indicated, DHS’s intention to proceed with publication of the H-4 EAD proposed rule remains unchanged. At this point, DHS has informed counsel that it believes the earliest possible publication date for that rule would be in spring 2020. Although that timeframe is aspirational, DHS believes that the September 27, 2019 oral argument should be removed from the calendar and postponed and DHS ordered to provide status updates in accordance with a schedule the Court deems appropriate.” (emphasis added)
In a response to order to show cause, Save Jobs USA argued that the appeal should move forward and that the court should hold oral argument as scheduled.
Immigration Voice, Sudarshana Sengupta, and Anuj Dhamija, submitted a letter, arguing that “based on prudential considerations and in the interest of judicial economy the oral argument should be removed from the argument calendar and indefinitely postponed.”
March 13, 2019
On March 13, 2019, the D.C. Circuit Court of Appeals granted the appellee’s consent motion for a 14-day enlargement of all parties’ briefing deadlines. The following revised briefing schedule will now apply in this case:
(Save Jobs USA v. DHS, 3/13/19)
January 23 , 2019
On January 23, 2019, the D.C. Circuit Court of Appeals granted the appellee’s motion for an enlargement of all parties’ briefing deadlines. The following revised briefing schedule will now apply in this case:
(Save Jobs USA v. DHS, 1/23/19)
December 17 , 2018
On December 17, 2018, the D.C. Circuit Court of Appeals granted a motion to intervene that Immigration Voice, a non-profit organization, filed with the court in March 2017. The court also ordered the case to be removed from abeyance and directed the clerk to enter a briefing schedule. The following briefing schedule will apply in this case:
(Save Jobs USA v. DHS, 12/17/18)
September 21, 2018
DHS submitted a status report in the case, which is still being held in abeyance. The status report indicates that DHS’s intention to proceed with publication of an NPRM concerning the H-4 EAD Rule remains unchanged and that DHS continues to proceed in line with that intention. Since the filing of the status report on 8/20/18, DHS senior leadership has reviewed the proposed rule and returned it to USCIS this month for revisions. When the necessary revisions are incorporated, USCIS will return the proposed rule to DHS for final clearance and submission to OMB. DHS anticipates that the rule will be submitted to OMB within three months. (Save Jobs USA v. DHS, 9/21/18)
August 20, 2018
DHS submitted a status report in the case, which is still being held in abeyance. The status report indicated that final DHS clearance of the proposed rule to remove from regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization is ongoing. Senior levels of DHS leadership are actively considering the terms of the proposed rule for approval. Once it is cleared through DHS, it will be sent to the Office of Management and Budget (OMB) for review. (Save Jobs USA v. DHS, 8/20/18)
May 22, 2018
DHS submitted a status report in the case, which is still being held in abeyance. The status report indicated that the proposed rule to remove from regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization is currently in final DHS clearance. Once it is cleared through DHS, it will be sent to the Office of Management and Budget for review. (Save Jobs USA v. DHS, 5/22/18)
February 28, 2018
DHS submitted a status report in the case, which is still being held in abeyance. The status report indicated that DHS intends to publish a Notice of Proposed Rulemaking to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of noncitizens eligible for employment authorization by June 2018. (Save Jobs USA v. DHS, 2/28/18)
According to USCIS data, 104,750 H-4 spouses have received employment authorization under the current H-4 employment authorization rule, which was published at 80 FR 10284 on 2/25/15.
November 17, 2017
The D.C. Circuit Court of Appeals granted the government’s motion to hold proceedings in abeyance pending further order of the court and denied the motion to reschedule briefing and oral argument. Parties were directed to file motions to govern further proceedings by January 2, 2018.
September 27, 2017
DHS filed a motion to hold proceedings in abeyance through December 31, 2017. (Save Jobs USA v. DHS, 9/27/17)
September 20, 2017
Save Jobs USA filed a motion to reschedule briefing and oral argument.
June 23, 2017
The D.C. Circuit Court of Appeals granted the government’s motion to hold the proceedings in abeyance and denied the motion to reschedule briefing and oral argument. Parties were directed to file motions to govern further proceedings by September 27, 2017.
April 3, 2017
The government filed a motion with the D.C. Circuit Court of Appeals requesting that the court hold the proceedings in abeyance for 180 days, up to and including September 27, 2017, to permit DHS to reconsider the H-4 EAD rule and whether it should revise the rule through notice-and-comment rulemaking. (Save Jobs USA v. DHS, 4/3/17)
September 27, 2016
The U.S. District Court for the District of Columbia granted summary judgment in favor of DHS, holding that Save Jobs USA lacked Article III standing to challenge DHS’s H-4 EAD rule.
May 24, 2015
Memorandum opinion denying Save Jobs motion, finding that Save Jobs failed to show it would suffer irreparable harm absent preliminary relief.
April 23, 2015
A group of tech workers formed by Americans who were employed at Southern California Edison, filed a complaint for declaratory and injunctive relief and a motion for preliminary injunction staying the implementation of USCIS’s final rule on employment authorization for certain H-4 dependent spouses.
H-4 EAD General Questions
Legal and Preparatory Steps
Work and Employment Issues
Family and Personal Issues
Policy Questions
Long term Immigration Strategies
Special Cases
If you are on H-4, navigating work authorization and preparing for potential changes under a Trump administration requires expertise. Herman Legal Group has the experience and personal attention to help you understand your rights, H-4 EAD options and alternative paths to work authorization.
With a history of advocating for immigrants through changing regulations, their team will provide you with current and customized legal strategies for your situation. By working with Herman Legal Group you will feel at ease and have a plan for your professional and personal life in the US.
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The December 2024 Visa Bulletin is out from the U.S. Department of State’s Bureau of Consular Affairs. This shows the green card priority dates for employment-based and family-based categories.
This is important for green card applicants as it shows the updated priority dates that will impact how soon you can move forward in the process.
Here’s what’s new, what’s not and how it impacts I-485 (Adjustment of Status applications filed with USCIS) and DS-260 (Immigrant Visa applications filed at National Visa Center for consular processing).
Employment-Based Categories
Key Highlights
The EB-4 category, which includes certain religious workers, also remains unchanged.
Family-Based Categories
Applicants should refer to the Dates for Filing chart to determine eligibility for various family sponsored preference categories.
In the green card application line, the Visa Bulletin shows priority final action dates which are placeholders. Each month the U.S. Department of State calculates how many applications are in each category and determines visa availability.
The applicant’s priority date must be earlier than the cut-off dates listed in the Visa Bulletin to determine visa eligibility and whether an individual can file their application or must wait for their case to be processed, affecting all immigrant visa applicants.
There are Two Main Sections:
Current Bulletin: December 2024
Note: Dates in the bulletin are in DAY-MONTH-YEAR (dd-mmm-yy) format.
Final Action Dates (Chart A)
Filing Dates (Chart B)
The gap between these dates is the expected USCIS processing time and visa availability.
If your priority date is current, there are two choices:
Chart B: Filing Dates
Adjustment of Status Applications
DS-260 Immigrant Visa Applications
Chart A: Final Action Dates
The gap between Filing Dates and Final Action Dates is the processing time.
What is my priority date?
This is the date you submitted your green card application, usually without any changes. If you’re not sure of your priority date, check your immigration papers or consult with an immigration attorney.
What if my country has a backlog?
Because of high demand for immigration services, some countries have longer processing times. This can cause the cut-off dates to move or even go backward compared to the final action dates chart.
How long will I wait?
The Visa Bulletin can’t give you an exact wait time. It varies by category, visa type and country backlog. For example, the process might be faster in some countries than others, or revised process might be needed in some cases by embassies abroad.
There are numerical limits to each category of family based green cards (except immediate relative relatives) and employment based green cards. Additionally, no one country can obtain more than 7% o that allotted number per year.
The allocation of visas, especially for family-sponsored and employment-based green cards, follows a complex quota system established by Congress. This system caps the number of green cards that can be issued annually in different categories, with certain exemptions, such as for immediate relatives. Understanding this system helps applicants navigate the visa process and anticipate potential wait times.
Immediate Relatives of U.S. Citizens: Unlimited Visa Allocation
For immediate relatives of U.S. citizens, there is no numerical limit on visas. Immediate relatives include:
Since there is no annual cap, applicants in this category do not face backlogs due to visa numbers. However, they must still meet eligibility requirements, go through processing at U.S. Citizenship and Immigration Services (USCIS) and the Department of State, and adhere to general application timelines.
Family-Based Green Cards: The Annual Quota System
Family-sponsored visas for other relatives (not immediate relatives) are subject to annual numerical limits based on the worldwide family preference level as determined by the Immigration and Nationality Act (INA):
Any unused visas in one category can sometimes flow into others; however, these family-based categories are typically oversubscribed, leading to lengthy wait times, particularly for applicants from countries with high demand, such as Mexico and the Philippines.
Employment-Based Green Cards: The Annual Cap and Country Limits
Employment-based green cards are subject to an annual cap of 140,000 visas. This category includes five primary preferences, each with an allocated percentage of the total:
The fourth and fifth preferences, EB-4 and EB-5, have specific numerical allocations and limitations, with 9,940 visas each. Unutilized numbers from these preferences can affect the availability of visas in higher preferences, impacting the overall distribution based on demand.
Country Limitations
Each country is limited to 7% of the total annual visas in any category, a rule that affects high-demand countries such as India and China, especially in the EB-2 and EB-3 categories. When applicants from these countries exceed their allocation, they face significant backlogs.
Key Issues with the Quota System
For a deeper explanation, read this.
These tables help visualize the cut-off dates and movements in each category for easier reference.
Family-Based Green Card Backlogs (November 2024)
Chart B (File I-485/USCIS or DS-260NVC)
Filing Date Chart
This chart specifies when applicants can begin submitting required documentation
| Category | Country | New Cut-Off Date | Old Cut-Off Date | Movement |
| F-1: Unmarried Children (21+ years) of U.S. Citizens | All Other Areas | 1-Sep-17 | 1-Sep-17 | No Change |
| China | 1-Sep-17 | 1-Sep-17 | No Change | |
| India | 1-Sep-17 | 1-Sep-17 | No Change | |
| Mexico | 1-Oct-05 | 10 Oct -05 | No Change | |
| Philippines | 22-Apr-15 | 22-Apr-15 | No Change | |
| F-2A: Spouses & Unmarried Children (<21 years) of U.S. Green Card Holders | All Other Areas | 15-Jul-24 | 15-Jul-24 | No Change |
| China | 15-Jul-24 | 15-Jul-24 | No Change | |
| India | 15-Jul-24 | 15-Jul-24 | No Change | |
| Mexico | 15-Jul-24 | 15-Jul-24 | No Change | |
| Philippines | 15-Jul-24 | 15-Jul-24 | No Change | |
| F-2B: Unmarried Children (21+ years) of U.S. Green Card Holders | All Other Areas | 1-Jan-17 | 1-Jan-17 | No Change |
| China | 1-Jan-17 | 1-Jan-17 | No Change | |
| India | 1-Jan-17 | 1-Jan-17 | No Change | |
| Mexico | 1-Jul-06 | 1-Jul-06 | No Change | |
| Philippines | 1-Oct-13 | 1-Oct-13 | No Change | |
| F-3: Married Children of U.S. Citizens | All Other Areas | 22-Apr-12 | 22-April-12 | No Change |
| China | 22-Apr-12 | 22-April-12 | No Change | |
| India | 22-Apr-12 | 22-April-12 | No Change | |
| Mexico | 15-Jun-01 | 15-Jun-01 | No Change | |
| Philippines | 8-May-04 | 8-May-04 | No Change | |
| F-4: Siblings of U.S. Citizens | All Other Areas | 1-Mar-08 | 1-Mar-08 | No Change |
| China | 1-Mar-08 | 1-Mar-08 | No Change | |
| India | 1-Aug-06 | 1-Aug-06 | No Change | |
| Mexico | 30-Apr-01 | 30-Apr-01 | No Change | |
| Philippines | 22-Jul-07 | 22-Jul-07 | No Change |
Employment-Based Green Card Backlogs (November 2024)
Chart B (File I-485/USCIS or DS-260NVC)
The employment-based green card backlogs are a significant concern for many applicants. The availability of more immigrant visas can influence whether applicants can use the Dates for Filing chart. If there are more immigrant visas available than known applicants for such visas, USCIS will allow the use of this chart for filing adjustment of status applications, which can affect processing times and applicant eligibility.
Filing Date Chart
This chart reflects the earliest date an applicant may file their application for a green card:
| Category | Country | New Cut-Off Date | Old Cut-Off Date | Movement |
| EB-1: Extraordinary People, Outstanding Researchers & Professors, Executives & Managers | All Other Areas | Current | Current | No Change |
| China | 1-Jan-23 | 1-Jan-23 | No Change | |
| India | 15-Apr-22 | 15-Apr-22 | No Change | |
| Mexico | Current | Current | No Change | |
| Philippines | Current | Current | No Change | |
| EB-2: Exceptional People & Advanced Degree Holders | All Other Areas | 1-Aug-23 | 1-Aug-23 | No Change |
| China | 1-Oct-20 | 1-Oct-20 | No Change | |
| India | 1-Jan-13 | 1-Jan-13 | No Change | |
| Mexico | 1-Aug-23 | 1-Aug-23 | No Change | |
| Philippines | 1-Aug-23 | 1-Aug-23 | No Change | |
| EB-3: Skilled Workers, Professionals | All Other Areas | 1-Mar-23 | 1-Mar-23 | No Change |
| China | 15-Nov-20 | 15-Nov-20 | No Change | |
| India | 8-Jun-13 | 8-Jun-13 | No Change | |
| Mexico | 1-Mar-23 | 1-Mar-23 | No Change | |
| Philippines | 1-Mar-23 | 1-Mar-23 | No Change | |
| EB-3: Unskilled Workers | All Other Areas | 22-May-21 | 22-May-21 | No Change |
| China | 1-Jan-18 | 1-Jan-18 | No Change | |
| India | 8-Jun-13 | 8-Jun-13 | No Change | |
| Mexico | 22-May-21 | 22-May-21 | No Change | |
| Philippines | 22-May-21 | 22-May-21 | No Change | |
| EB-4 Including Certain Religious Worker | All Other Areas | 1-Feb-21 | 1-Feb-21 | No Change |
| China | 1-Feb-21 | 1-Feb-21 | No Change | |
| India | 1-Feb-21 | 1-Feb-21 | No Change | |
| Mexico | 1-Feb-21 | 1-Feb-21 | No Change | |
| Philippines | 1-Feb-21 | 1-Feb-21 | No Change | |
| EB-5: Set-Aside (Rural, High Unemployment, Infrastructure) | All Other Areas | C | C | No Change |
| China | C | C | No Change | |
| India | C | C | No Change | |
| Mexico | C | C | No Change | |
| Philippines | C | C | No Change | |
| EB-5: Unreserved (including C5, T5, I5, R5) | All Other Areas | C | C | No Change |
| China | 1-10-16 | 1-10-16 | No Change | |
| India | 1-4-22 | 1-4-22 | No Change | |
| Mexico | C | C | No Change | |
| Philippines | C | C | No Change |
Tracking Your Application
Priority date retrogression is when the cut-off date moves backward. In other words, the dates that were previously current for processing are now delayed due to high demand and limited visa numbers.
Retrogression can happen in any visa category (family-based or employment-based) and is influenced by the annual visa cap and country-based limits. Retrogression affects people waiting for immigrant visas (green cards) by delaying their ability to get a visa even if they were closer to processing in previous months.
Why Does Retrogression Happen?
Retrogression is mainly due to the supply and demand of visas:
The Department of State (DOS) does not send email updates for the Visa Bulletin, but the Visa Bulletin is available online. The monthly Visa Bulletin lists cut-off dates for visa availability, which determines which applicants can file for adjustment of status or permanent resident status. Enter your email address below to get monthly updates. This will help you track priority final action dates and any big movements in your category.
For more information on the Visa Bulletin and how it affects your green card application check out:
The Visa Bulletin is important for anyone in the U.S. immigration process. Here’s what to take away:
By following the Visa Bulletin each month you can make informed decisions and be prepared for each step of your immigration journey.
Recent Changes: USCIS and Department of State Collaboration
USCIS and the Department of State have changed how they determine visa availability to make the process more efficient. This is good for applicants as it’s consistent whether you’re applying in the U.S. or at a U.S. embassy or consulate abroad.
What This Means for Applicants:
For more information see the USCIS Revised Procedures Announcement.
Past Visa Bulletins and Historical Data
The Visa Bulletin archives go back to Fiscal Year 2002 through 2025 so you can see the changes over time.
How to Use Historical Data:
Example Fiscal Year Archive:
Full Final Action Date Lists
These are annual lists of the Final Action Dates for each country and category. Useful for applicants from oversubscribed countries like India, China, Mexico and the Philippines.
Family-Based Preferences by Region
Employment-Based Preferences by Region
Note on Afghan and Iraqi Special Immigrants (SI): These applicants have special final action dates in select years. If there is no date for a year it means the category was “Current” which means no wait time.
The Numerical Control Process: How Visa Limits Affect Cut-Off Dates
To ensure even distribution of visas each category and country has numerical limits. The Numerical Control Process affects cut-off dates as it’s based on the number of visas available versus demand in each category.
How it works:
For more information the Operation of the Numerical Control Process document explains how visas are allocated and cut-off dates are set.
Tracking Your Application: Monthly Monitoring and Resources
Monthly Visa Bulletins are key to staying informed. Monitoring the bulletin regularly will help you:
More Resources and Tools
USCIS and the Department of State offer more resources to help applicants understand their green card process:
Stay up to date on Visa Bulletin releases and track your priority dates and the immigration process will be more predictable and less painful.
The Adjustment of Status (AOS) Filing Chartsare key to U.S. based green card applicants to know when to file. These charts—updated monthly by USCIS and the Department of State (DOS)—tell you which chart to use, Dates for Filing or Final Action Dates.
Here we explain these charts in simple terms, how they affect AOS applications and what you need to know for November 2024.
What are USCIS Adjustment of Status Filing Charts?
USCIS releases two charts each month for adjustment of status applicants:
Note: If a category is current in the Final Action Dates chart or if the cut-off date is after the date in the Dates for Filing chart you can use the Final Action Dates chart for that month.
How USCIS Chooses the Filing Chart Each Month
USCIS decides which chart to use based on the number of visas available and the demand. If there are more visas than applicants they use the Dates for Filing chart. If there are more applicants than visas they use the Final Action Dates chart to manage demand.
December 2024 Adjustment of Status Filing Chart
For December 2024 USCIS has decided to use the Dates for Filing chart for both family-sponsored and employment-based categories:
For Family-Sponsored
For Employment-Based
Previous Months and Historical AOS Filing Charts
If you want to track historical trends previous AOS Filing Charts are available online from 2015 to present. These archives will help you see the date movement and changes over the years which can be helpful for planning and future filing.
Adjustment of Status Applicants
The December 2024 Visa Bulletin will tells something about how soon you can expect to move in the employment-based and family-based green card categories. While we can’t predict the future visa bulletin with 100% accuracy, here is our best estimatation.
Visa Bulletin Predictions
Visa Bulletin predictions are based on past date movement and current demand so applicants can see when they can file or get green card approval.
For millions of individuals waiting in employment-based and family-based categories, the Visa Bulletin provides essential updates about green card availability.
By reviewing the bulletin, applicants gain insight into when they might be eligible to apply for or receive their green cards. Below is a comprehensive analysis of the predictions for January 2025.
These predictions provide an estimate of potential movements in family-sponsored categories for January 2025. While they offer guidance, applicants should consult with an immigration attorney for precise advice.
F1: Unmarried Adult Sons and Daughters of U.S. Citizens
F2A: Spouses and Minor, Unmarried Children of Lawful Permanent Residents (LPRs)
F2B: Unmarried Adult Sons and Daughters of LPRs
F3: Married Adult Sons and Daughters of U.S. Citizens
F4: Brothers and Sisters of U.S. Citizens
Family-Based Visa Allocation Numbers
Family-based green card categories have specific numerical limits:
Predictions for employment-based categories in January 2025 suggest possible retrogression due to high demand, particularly in the EB-2 and EB-3 categories. Below are category-specific insights:
EB-1: Priority Workers
EB-2: Advanced Degrees and Exceptional Ability
EB-3: Professionals and Skilled Workers
Key Insights from the State Department
The U.S. State Department has highlighted the following challenges for employment-based categories:
Employment Preference Numbers:
Impact of High Demand and Retrogression
The U.S. Department of State has previously noted that demand in EB-2 and EB-3 may require retrogression especially for India, China, Mexico and Philippines. This is to keep visa usage within annual limits and adjust the flow of applications accordingly.
Per-Country Cap: No country can get more than 7% of the total family-based or employment-based visas in a year. This is the reason for longer wait times for applicants from high demand countries like India, China, Mexico and Philippines.
Sample Data for Employment-Based Backlogs (June 2023)
| Category | India | China | Mexico | Philippines | Rest of World |
| EB-1 | 10,049 | 5,762 | 0 | 0 | 0 |
| EB-2 | 426,465 | 40,039 | 889 | 307 | 25,292 |
| EB-3 | 133,409 | 21,695 | 886 | 8,331 | 12,602 |
| Other Workers | 252 | 1,327 | 5,383 | 2,772 | 16,409 |
Total Applicants Waiting: Over 1.2 million across categories, with India representing a significant portion of the backlog.
Dates for Filing Chart in Effect
No Priority Dates Movement
The U.S. immigration system and immigration services can be complex, but with the right information and resources you can make informed decisions about your green card application and filing chart. The Visa Bulletin is a key tool in this process, showing wait times and priority final action dates for each category. By staying informed and proactive you can increase your chances of a successful and timely green card application.
Herman Legal Group will be tracking Visa Bulletin changes.
24/7 Support, Just A Call Away!
The H-2B visa is one of two visas in the H-2 temporary work visa program. While the H-2A visa is designed specifically for temporary agricultural workers, the H-2B visa is designed for temporary workers in non-agricultural occupations.
The H-2B visa program is used by many employers who need foreign workers in a variety of occupations. Unlike the H-1B visa, which is designed for highly skilled professionals, the H-2B visa program attracts more applicants for positions at all levels.
The U.S. administration recently announced 35,000 additional visas for non-agricultural workers. In this article, you will learn about the requirements to qualify for the program and how to immigrate to the U.S. without difficulty in the context of temporary non-farm work, of course.
The U.S. Senate announced on March 31, 2022 through the Department of Homeland Security (DHS) and the Department of Labor (DOL) good news for U.S. businesses and workers around the world. That good news is that 35,000 additional H-2B nonfarm worker visas will be issued.
These visas are for the second half of fiscal year 2022 and will be available to employers for the summer 2022 season. These visas will be available to U.S. employers between April 1, 2022 and September 30, 2022.
This is great news for employers in that these visas are a potential lifeline for some seafood processing companies in Alaska that may be irreparably harmed without additional workers this summer. It’s also good news for workers from around the world to come work in the U.S.
This release of 35,000 additional visas complements an initial release of 20,000 visas for non-agricultural workers announced in January 2022. This measure has a triple benefit.
First, it helps industries in terms of skilled labor by allowing them to boost their results; second, this measure allows immigrant workers to come and work in the United States for at least a year; and third, this program will help boost the federal state’s economy, given that the Covid-19 health crisis has dealt it a heavy blow.
Basically, the H-2B visa program is designed to help U.S. employers who are having difficulty finding employees in the U.S. in occupations that are experiencing sudden demand. This program allows them to recruit foreign workers to work in their industries. Some of the occupations and industries typically offered under the H-2B visa program include:
Employers seeking H-2B workers have a duty to evaluate the U.S. labor market, in order to certify in their petitions that there is a real need in their industries and that there are not enough capable and available U.S. workers to satisfy that need. Moreover, it must be remembered that the job for which a potential foreign worker is to be solicited is of a temporary nature, i.e. for a limited period of time. It is a seasonal need or an intermittent necessity.
To qualify for this program, you must be a citizen of one of the countries below to be eligible for an H-2B visa.
The eligible countries are: Argentina, Australia, Austria, Barbados, Belgium, Belize, Brazil, Brunei, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Germany, Greece, Grenada, Guatemala, Honduras, Hungary, Iceland, Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Madagascar, Malta, Moldova, Mexico, Monaco, Montenegro, Nauru, Netherlands, New Zealand, Nicaragua, Norway, Panama, Papua New Guinea, Peru, Philippines, Poland, Portugal, Romania, San Marino, Serbia, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, St. Vincent and the Grenadines, Sweden, Switzerland, Taiwan, Thailand, Timor-Leste, Tonga, Turkey, Tuvalu, Ukraine, Uruguay, Vanuatu.
If you are a national of one of its eligible countries, the H-2B visa program for non-agricultural wage earners is for you. To get there, you absolutely need the steady hand of an experienced immigration attorney to guide you through the murky waters of US immigration law.
Spouses and children (under age 21) of H-2B workers may apply for H-4 nonimmigrant visas, but the employer is not responsible for the family members’ travel or housing expenses.
Generally, the H-2B visa does not allow for immigration to the United States or for obtaining a Green Card. However, there are special circumstances that may allow H-2B visa holders to change their status and continue working in the United States.
For example, if an employee is able to find a new employer in the U.S., he or she will obtain a different visa. Employers can apply for any type of visa for their employees. These can be H-2B visas or H-2A visas for skilled professionals.
If you are interested in this program and need help with the process, you can contact Herman Law Group, a law firm that specializes in immigration law and has been recognized by the federal government for its expertise.
The firm not only assists businesses in all 50 states with the recruitment process, but also assists families and workers from around the world to immigrate to the United States for seasonal work. The firm can be reached at 1-216-696-6170, and you have the option to book online to schedule a consultation with one of Herman Legal Group’s experienced immigration attorneys. Consultations can be done via zoom, skype, whatsapp, facetime or in a booth.
Don’t Panic: No Immediate Changes
We understand that there is a lot of anxiety and fear over Trump’s election and his stated goals of initiating a deportation agenda. Here are some things to keep in mind:
Key Points to Remember
If You’re a U.S. Citizen
If You Have a Green Card (Permanent Resident)
You’re probably good. Green card holders can only be deported under specific circumstances such as certain criminal convictions or fraudulent claims of U.S. citizenship. Even in those cases a judge has to review and rule on the matter.
If You Have a Pending Application
Knowing your immigration status is crucial for making informed decisions about your future. Your immigration status can determine your eligibility for certain forms of immigration relief, such as visas, work permits, or even a green card. It can also affect your ability to work, access education and healthcare, and travel.
There are various types of immigration status, including lawful permanent resident (green card holder), refugee, asylum seeker, and undocumented immigrant. Each status comes with its own set of rights and responsibilities.
If you are unsure about your immigration status, it is essential to consult with an attorney who specializes in immigration law. An experienced attorney can help you understand your current status and provide guidance on the best course of action. They can also assist you in determining if you are eligible for any forms of immigration relief.
Understanding your immigration status is the first step in protecting yourself and your family. By knowing where you stand, you can make more informed decisions and take proactive steps to secure your future.
Trump says his new administration will be the biggest deportation mission in US history.
With immigration policies changing, undocumented individuals and their families are more uncertain. Being proactive now will help keep your family safe and you better prepared for whatever comes next.
If you are interested in finding out what you can to can do to protect yourself and your loved ones, the article below provides quick top tips to follow. The full version of the Immigrant Safety Plan can be found here.
1. Know Your Rights
In interactions with law enforcement or immigration officials, know your rights.
Practice
2. Get Legal Help
Legal representation is key to navigating the complex immigration system. Do:
If you can’t afford an attorney, look into pro bono legal services or non-profit organizations that can help.
Note: If you have some legal status but not a green card or citizenship, look into upgrading:
3. Gather Important Documents
Collect and organize documents that will be crucial in the event of an emergency.
Documents to Collect:
Storage Tips:
4. Family Emergency Plan
Having a clear plan can reduce stress in an emergency. Involve all family members in creating and practicing the plan.
Components of a Family Plan:
Legal Documentation:
5. Financial Preparedness
Protect your financial assets and have financial security and stability for your family.
6. Build Community
Support networks can be a lifeline during tough times.
7. Register with Your Consulate
Your consulate can help in emergencies like replacing documents, contacting family abroad or legal aid.
8. Stay Informed of Policy Changes
Immigration rules can change overnight. Stay updated by:
9. Educate and Prepare Your Family
Your family’s awareness and preparation is just as important as yours.
10. Don’t Take Risks
Some actions can put you at risk of detention or the possibility of deportation.
11. Stay Calm
Tips for Remaining Calm in a Highly Stressful Situation
It is important for you and your family’s safety that you do the best you can to remain calm and practice self-care.
Staying calm under stress can feel overwhelming, but adopting specific strategies can help you regain control and make rational decisions. Here’s how to manage stress effectively:
Practicing these techniques regularly can build resilience and prepare you for handling future challenges with greater calmness.
Documents to Not Carry:
Final Checklist
Legal Documents
Children and Family
Legal and Financial
Community and Support
Technology and Communication
Health and Safety
Other
Take Action
By taking these steps, immigrant families will be better prepared to face any emergency. Prepare now and you and your loved ones will be ready.
The Herman Legal Group has been defending and protecting immigrant families for nearly 30 years. We are ready to help you.
24/7 Support, Just A Call Away!
On May 13, 2022, U.S. Citizenship and Immigration Services (USCIS) published two new forms related to the EB Immigrant Investor program. These new forms are Form I-956F, Application for Approval of Investment in a Business Enterprise, and Form I-956G, Regional Center Annual Statement.
As of June 2, 2022, both forms must now be submitted in accordance with the new requirements of the EB Investor Immigration Program. What is the legal framework for these 2 forms and the purpose of USCIS in creating them? Answers in this article.
Both forms were created under the EB-5 Reform and Integrity Act of 2022, which amends the EB5 regulations listed in Immigration and Nationality (INA) Section 203(b)(5). Both forms are available for certain regional center cases. If applicable, they will be required for EB5 applications on or after June 2, 2022.
USCIS’ interpretation of the EB-5 law is not without consequences. It has triggered two cases (lawsuits) that are currently pending in the Federal Court for the Northern District of California.
Both lawsuits challenge USCIS’ interpretation of the EB-5 Reform and Integrity Act of 2022.
The first action is brought by Behring against the requirement by USCIS for the redesignation of regional centers. An initial hearing has opened. It is a hearing in which the judge will use his statutory interpretation power to decide whether or not USCIS had properly interpreted EB-5 in accordance with the intent of the statute as passed by the legislature.
A final decision has not yet been issued, but the court has asked the parties to file new briefs.
The second action was brought by a group of regional centers and the trade organization Invest in the USA (IIUSA) to prevent USCIS from continuing its interpretation of the EB-5 Reform and Integrity Act of 2022.
In any case, it is unlikely that either lawsuit will be completely successful because, according to Shah, Senator Chuck Grassley’s speech following RIA’s death explicitly called for the reauthorization of all regional centers.
Nonetheless, she says she hopes the two lawsuits provide a workable solution, such as allowing existing regional centers in good standing to file a certification, which she says would “allow foreign direct investment to continue to be invested in projects.”
Form I-956F can only be filed by authorized regional EB5 centers. USCIS explained that the form is in some respects similar to the “model” Form I-924 filing under the previous program. The law requires Form I-956F for regional centers to seek approval for each specific investment offering through a new subsidiary.
The department explained that Form I-956G replaces Form I-924A in previous EB5 programs and rules that existed prior to the EB-5 Reform and Integrity Act of 2022.
EB5 immigrant investor applications are complex and evidence-rich. It is recommended that you consult with an experienced immigration attorney before beginning the EB5 visa application process.
The filing fee for Form I-956F is $17,795, but for Form I-956G, the fee is $3035.
If you need help, please feel free to Schedule a personal consultation with attorney Richard Herman by calling or 1-216-696-6170, or by booking online. Consultations can be conducted via zoom, skype, whatsapp, facetime, or in office.
On June 6, 2022, Cameroon was designated by the Department of Homeland Security (DHS) for Temporary Protected Status (TPS) for a period of 18 months. This term runs from June 7, 2022 through December 7, 2023.
This designation allows Cameroonian nationals (and stateless persons who were last ordinarily resident in Cameroon) who have been residing in the United States since April 14, 2022, and have been physically present in the United States since June 7, 2022, to apply for TPS.
So how do you apply for temporary protected status as a Cameroonian? What are the requirements? Answers in this article.
According to a statement from the Department of Homeland Security, the United States recognizes the ongoing armed conflict in Cameroon and we will provide temporary protection to those in need.
The Secretary of State Alejandro N. Mayorkas explains that Cameroonian nationals currently residing in the U.S. who cannot safely return to their country due to the extreme violence perpetrated by government forces and armed separatists and the increase in Boko Haram attacks will be able to stay and work in the U.S. until conditions in their country improve.
To be eligible for TPS as a Cameroonian, individuals must demonstrate continuous residence in the United States as of April 14, 2022. In addition, they must demonstrate continuous physical presence in the United States as of June 7, 2022.
Cameroonian nationals arriving in the U.S. after April 14, 2022 are not eligible for TPS under this designation and may be deported if they have no other authorization to enter the country.
Applicants for Cameroonian-designated TPS must file Form I-821, Application for Temporary Protected Status, during the initial 18-month registration period from June 7, 2022 to December 7, 2023. Cameroonian applicants eligible for TPS may complete the I-821 form online.
They may also request employment authorization documents by submitting a completed Form I-765 (Employment Authorization Request) with their Form I-821 when submitting the TPS petition.
The Department of Homeland Security (DHS) has provided specific explanations on the ADE issue. It states that TPS-based ADEs have A12 or C19 codes. Once USCIS issues a TPS-based EAD, the individual can work.
All employees, including those with a TPS-based EAD under the Cameroon TPS designation, must submit documentation that they are authorized to work in order to complete the Form I-9 verification process.
According to U.S. Citizenship and Immigration Services, 11,700 individuals may be eligible.
Schedule a personal consultation with Attorney Richard Herman by calling 1-216-696-6170, or by booking online. Consultations can be conducted by zoom, skype, whatsapp, facetime, or in-office.
Virginia’s new two-year budget is being criticized for redirecting funding for undocumented students to the state’s historically black colleges and universities (HBCUs). 10 million over two years had originally been earmarked for financial aid to undocumented immigrants who cannot receive federal student loans and grants.
Virginia Governor Glenn Youngkin asked the General Assembly to use the money instead for students at Virginia’s five private and public HBCUs. Critics have accused the governor of “pitting” groups against each other, and some say it perpetuates a false shortage problem at a time when Virginia has a budget surplus.
Virginia Governor Glenn Youngkin, who signed the budget Tuesday, proposed that half of the allocation be used for state financial aid to Norfolk State University and Virginia State University, both public HBCUs.
The other half will be used to increase the Virginia Tuition Assistance Grant or Scholarship, a state aid for students attending private colleges and universities to support students attending private HBCUs. The amount provided to students at these institutions will increase from $5,000 to $7,500 per year. There are mixed reviews of the Virginia governor’s measure.
Critics of the measure say it unnecessarily pits groups of students with high financial need against each other at a time when the Commonwealth’s budget is in surplus. Supporters of the measure say the idea of funding underfunded HBCU students should be applauded.
“It’s a shame on the governor to mobilize state financial aid as a cheap political tactic to divide communities of color,” said Sookyung Oh, director of the Hamkae Center, a Virginia-based civil rights organization. As he argued throughout the campaign, he could have easily allocated funds to ensure that every young Virginian who wants to pursue higher education in the Commonwealth has the resources to do so.”
For others, critics of the measure say it perpetuates false shortages in the midst of Virginia’s budget surplus and forces lawmakers to sacrifice one group of needy students for another.
Virginia Legislative Black Caucus Chairman Del. Lamont Bagby (D-Henrico), stated the following: Quote “I understand and agree that we need to do something about HBCUs. This is not the right way to do it. It’s messy,” he suggested Friday before the House election on the amendment vote. “We have enough resources to help.”
Some critics have also accused the governor of pitting groups “against each other,” a charge Youngkin spokesman Macaulay Porter disputed Tuesday.
Porter stated that, quote, “It’s a typical Democrat argument to say that one group is” versus “another.” He believes that Governor Youngkin has actually committed to providing the funding for HBCU. And, he is keeping that commitment with this budget.
DeL. AC Cordoza (R-Hampton) defend Youngkin’s claims. He says HBCUs have always been underfunded – we’ve heard both sides – the governor is trying to do something about it, and all we’ve heard are complaints,” Cordosa told the House on Friday.
The Republican-controlled House of Representatives passed the budget amendment on a partisan vote. The measure narrowly passed the Senate with the support of two Democrats, Sens. Joseph D. Morrissey (Richmond) and Lionell Spruill Sr. (Chesapeake). Spruill did not respond to a request for comment, but Morrissey’s office referenced his remarks on the amendment.
Morrissey told lawmakers he wanted to support HBCU students by voting for the bill. He said this: This is critical, that’s why I support it. He goes on to say: Quote, “I’ve been to Virginia … and I’ve talked to students in person who wouldn’t be here without their scholarship.”
The measure is one of three dozen amendments Youngkin proposed after House and Senate negotiators reached an agreement this month on a two-year, $165 billion budget plan.
The universities that will benefit from DACA funds are:
Ralph Northam (D) signed legislation before leaving the governor’s office in 2021. This legislation allows undocumented and DACA students to receive in-state tuition and apply for financial aid.
Lopez, however, is concerned that Youngkin has not given clear assurances that his administration will follow the written law and ensure equal access to in-state financial aid for undocumented students.
On November 7, 2024 A federal district court judge in Texas just blocked the Biden administration’s “Keeping Families Together” (KFT) program which allowed certain undocumented spouses of U.S. citizens to stay in the country, work legally and pursue green cards without fear of deportation.
This 74 page ruling is permanent, subject to appeal, and a big blow to the Biden administration’s immigration policy.
Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas, a Trump appointee in 2018, ruled that the administration exceeded its authority by implementing the program without congressional approval.
The district court judge’s decision came after a lawsuit was filed by 16 Republican-led states, led by Texas Attorney General Ken Paxton, which argued the policy imposed an undue burden on states by increasing the cost of public services.
In his opinion, Judge Barker said the Biden administration’s legal interpretation of immigration law “stretches the law past its breaking point.” He also denied a request from those who benefit from the program to intervene in the case to defend it.
The “Keeping Families Together” program which was launched in August 2024 was designed to help mixed-status families—where one spouse is a U.S. citizen and the other is undocumented—avoid long term separations.
This policy addressed the challenges faced by mixed-status families and was expected to impact 750,000 to 800,000 people.
Undocumented spouses have to leave the U.S. to apply for legal residency which can take years. The KFT program provided a pathway for these immigrant spouses to stay in the U.S. legally through a process called “parole in place.”
The KFT program provided deportation protections for undocumented spouses, allowing them to stay in the U.S. legally through a process called “parole in place.”
The Biden administration’s “Keeping Families Together” policy was supposed to support family unity and provide safety for undocumented spouses and stepchildren of U.S. citizens.
Under this program eligible individuals could apply for a green card without having to leave the U.S. to complete the process. The policy was supposed to reduce family separation caused by immigration backlogs and complex procedures.
Eligibility Requirements:
To be eligible you had to:
Key Facts of the KFT Program:
The lawsuit against the program started almost immediately after it was launched. Here’s the timeline:
These officials along with many Republican lawmakers argued that the Biden administration didn’t have congressional authority to do this policy.
They also argued that the program would put a strain on states’ budgets by adding more people eligible for public benefits.
They argued that Congress had not granted the executive branch the statutory authority to implement such a policy, highlighting concerns over executive overreach.
Judge Barker said the administration’s use of “parole in place” to grant status to undocumented spouses went beyond what the law allowed.
He said the rule focused on the benefits of legal status rather than the immediate presence of these individuals in the U.S. which is outside the scope of parole authority.
Judge Barker was appointed to the Eastern District of Texas by Trump in 2018 and installed as a district judge in 2019.
He has a history of ruling against Biden administration immigration policies. In 2021 he issued an injunction against the 100-day deportation pause, siding with Texas’s argument that the pause would cost the state more.
In this ruling he said the administration didn’t have the authority to do a program of this size without congressional approval.
A Court Friendly to Conservatives: Judge Barker sits on the Eastern District of Texas, a court where conservative states often file challenges to federal policies. This court has been the venue for many cases that test the limits of executive authority on immigration
The ruling fits into a larger political landscape where Biden administration policies are being challenged and blocked.
Trump’s Immigration Position: Throughout his campaign Trump repeated anti-immigrant talking points and promised to go after undocumented individuals. His win has heightened the anxiety in immigrant communities about what’s to come
This ruling is especially concerning for families who are worried about what’s next as President-elect Donald Trump gets back into office. Trump who ran on stricter immigration enforcement and “deportation nation” has promised to do even more on immigration than he did his first time around.
The end of the KFT program leaves hundreds of thousands of families in limbo. Without this program undocumented spouses will have to leave the U.S. to apply for legal status and face long periods of separation and uncertainty.
The ruling also highlights the complexities of relevant immigration law and the challenges faced by mixed-status families.
The ruling also shows the difficulties the Biden administration is having in doing immigration reform through executive action. Without legislative reform mixed-status families will continue to be at risk of separation and legal limbo.
This creates tremendous anxiety and stress for hundreds of thousands of families. Many are implementing steps to enhance their safety, and protect their children and assets.
This fits into a larger pattern of state-led challenges to federal immigration policies. Other big cases have shaped U.S. immigration policy and often tested federal authority and state economic interests. Here are some of them:
After Judge Barker’s ruling the administration will likely appeal. The case will go to the 5th U.S. Circuit Court of Appeals which handles Texas immigration cases and is quick to rule on them, usually within 3-6 months.
If the case gets to the Supreme Court it could take another 6-18 months for a final decision.
The KFT program shows the difficulties the Biden administration has in doing immigration policy through executive action alone. Without congressional support KFT and other programs are vulnerable to legal challenges and political change.
Now immigrant families wait. And prepare. Read this Guide on Safety Planning for Immigrant Families.Top of Form
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The US Department of State has released the Visa Bulletin for January 2025. If you’re waiting for a green card, this is a must-read. This bulletin shows the movement of green card applications across all categories so you can see where you are in line and what’s next.
The January 2025 Visa Bulletin has forward movement in several employment based categories. EB-1 Final Action Dates are unchanged, but EB-2 and EB-3 have movement, depending on your country of chargeability. Employment-based preference limits are set by law to manage the visa issuance process and ensure fair distribution among applicants based on priority dates and oversubscription.
Updates:
These dates determine if an applicant can get an immigrant visa or adjustment of status approval.
EB-1
Meaning: EB1 demand for India and China continues to block movement, while others are current (no backlog).
EB-2
Meaning: India and China get a little movement, others get forward movement.
EB-3 Professionals and Skilled Workers
Meaning: Good news for all EB3 applicants, especially for India and China.
EB-3 Other Workers
Meaning: No movement for China in this category means high demand and limits. India and others get forward movement.
EB-4 Religious Workers
All countries: 01.Jan.2021 (no change)
Meaning: No movement means limited visas and steady demand in EB4.
Watch for Legislative Updates: The EB-4 Non-Minister Religious Worker category, which includes certain religious workers, will expire on December 20, 2024. If not reauthorized by congress, this category will be unavailable after December 21, 2024. If reauthorized, Final Action Dates will be the same as the general EB-4 category. Applicants in the EB-4 Non-Minister Religious Worker category should monitor for congressional action to reauthorize the program.
Fifth Preference (EB5)
EB-5 Unreserved Categories (Regional and Non-Regional Center)
EB-5 Set-Asides (Rural, High Unemployment, Infrastructure)
Meaning: The State Department expects an increase in EB-5 Rural, High Unemployment and Infrastructure set-aside applications. To prevent exceeding annual limits, Dates for Filing and Final Action Dates may be introduced for these categories in FY 2025.
USCIS uses these dates to determine eligibility to file adjustment of status applications.
The process of determining visa availability by USCIS and the Department of State involves managing the supply and demand of visas. They assess factors such as the number of visas available and individual priority dates to provide clarity and predictability for applicants seeking to adjust their status or obtain immigrant visas.
EB-1
EB-2
EB-3 Professionals and Skilled Workers
EB-3 Other Workers
EB-4 Religious Workers
EB-5 Unreserved Categories
EB-5 Set-Asides
These dates determine if an applicant can get an immigrant visa or adjustment of status approval.
F-1 Unmarried Sons and Daughters of U.S. Citizens
F-2A Spouses and Children of Permanent Residents
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
F3 Married Sons and Daughters of U.S. Citizens
F-4 Brothers and Sisters of Adult U.S. Citizens
USCIS uses these dates to determine eligibility to file adjustment of status applications.
Here are the updates for family-sponsored green cards:
Note: Dates in the bulletin are in DAY-MONTH-YEAR (dd-mm-yy) format.
What is the Visa Bulletin?
Wondering how to read the Visa Bulleting?
The Visa Bulletin is a tool to help you understand green card wait times. It includes:
Check your priority date (the date your petition was filed) against these cut-off dates.
Additional Notes
How to use the Visa Bulletin
Here’s how:
The employment-based system has five preference categories, each with its own allocation:
EB-1: Priority Workers
EB-2: Advanced Degree Professionals or Individuals with Exceptional Ability
EB-3: Skilled Workers, Professionals, and Other Workers
EB-4: Certain Special Immigrants
EB-5: Employment Creation (Investor Visas)
EB-5 Reserved Categories: Faster Green Cards
Reserved visas under RIA allocate:
These are current for all countries, including high-demand countries like India and China. You can get:
Family-sponsored preferences allocate visas based on relationships with U.S. citizens or lawful permanent residents.
GENERAL
FAMILY BASED
EMPLOYMENT BASED
UNDERSTANDING DATES AND PROCESSES
Miscellaneous
FUTURE TRENDS AND FORECASTS
PRACTICAL TIPS
By being informed, you can make better decisions about your green card application.
Call the Herman Legal Group to discuss your immigration case today!
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The State Department has updated the Exchange Visitor Skills List effective December 9, 2024 and retroactively eliminated the 2-year home residency requirement for J-1 visa holders from 35 more countries.
These are the first changes to the Skills List since 2009 and will simplify immigration pathways for professionals and keep top international talent in the U.S.
This 2024 Skills List will be used by consular officers to determine the 2 year home country physical presence requirement in section 212(e) of the INA when issuing J exchange visitor visas.
This means that citizens of these countries who have already participated in US exchange programs will no longer be subject to the 2 year rule based on the Skills List.
These are in the Federal Register and have retroactive effect so many foreign nationals will be able to advance their careers or remain with loved ones in the US.
The Skills List has changed to reflect US immigration policy shifting with the global economy. By removing barriers for high skill professionals the US can attract and retain global talent and stay competitive in key industries.
Let’s first understand the J-1 visa and the 2 Year Residency Rule.
The J-1 Exchange Visitor Program allows foreign nationals to come to the US for educational, cultural and professional exchange opportunities. These exchange visitor programs are designed for foreign nationals to engage in various professional and cultural activities in the United States. Common categories of J-1 visas include:
Some J-1 visa holders are required to go back to their home country (or country of last residence) for at least 2 years after completing their program. During this time they are not allowed to:
A J-1 visa holder is subject to the 2 year rule if they:
1. Graduate Medical Training
2. Government Funding
3. Skills List Designation
The Skills List identifies specific fields that are critical to their country’s development and encourages professionals in those fields to return and apply their skills.
The Exchange Visitor Skills List is a list of countries and fields of expertise that are critical to a country’s development. The implications of J status for nonimmigrant exchange visitors in relation to the Skills List are significant, particularly concerning the two-year home residence requirement. Individuals from countries on this list who participated in J-1 exchange programs were required to:
This requirement is to ensure that participating countries benefit from the expertise their citizens gain while in the US.
The latest update removed the 2 year residency requirement for 34 countries, leaving 27 countries still subject to the rule.
The Skills List serves two purposes:
Global Development:
U.S. Diplomacy:
The Skills List is in line with US foreign policy goals as stated in:
History of the Skills List
Updates to the Skills List can significantly impact J-1 visa holders, especially when considering the previously published skills list and its effect on the two-year home residence requirement.
The State Department will review and update the Skills List every 3 years from now on.
Administrative Notes
Exempt from Public Comment
The revised Skills List is exempt from public notice and comment under the APA because it is a foreign affairs function. Public input could:
This is the first major update to the Skills List in 15 years. The State Department re-evaluated the criteria to reflect global changes in economic, educational and technological development.
Reasons for Removal
Economic Growth:
Country Size:
Migration Trends:
Progress in Key Sectors:
The Department uses objective, data-driven criteria to evaluate a country’s development and workforce needs:
A. Low-Income Countries
B. Middle-Income Countries
C. Migration Challenges (Brain Drain)
Why these criteria matter
These thresholds reflect global development goals. They take into account:
1. Countries Removed from the Skills List
35 countries were removed in total, reducing the number of J-1 visa holders subject to the 2-year residency requirement
India, Brazil and China were removed from the Skills List and they send the most J-1 exchange visitors to the US.
Countries removed from the Skills List:
2. Countries still on the Skills List
45 countries remain on the list. Here they are:
This list is based on the countries designated as needing specialized knowledge or skills for their development by the U.S. Department of State. Nationals of these countries participating in the J-1 Exchange Visitor Program in the designated fields are subject to the 2-year home-country physical presence requirement.
3. Retroactive
The changes apply to current and former J-1 visa holders.
4. Unchanged Requirements for Other Reasons
The Skills List update does not affect J-1 visa holders subject to the 2-year requirement for:
Even if a country is no longer on the list, the 2-year requirement may still apply for the above reasons. Additionally, the requirement may still apply if an individual has received graduate medical education in the United States.
5. No Skills Changes
The countries changed, but the fields of expertise didn’t.
6. Easier Career Advancement
7. No Waiver Needed:
Previously, these individuals would have had to apply for a J-1 waiver to waive the home residency requirement. This process is long and painful, and is no longer necessary for those from the removed countries.
8. For Researchers and Scholars:
The new Skills List brings big benefits to J-1 participants from removed countries. Here’s what you should do.
1. Check Your Country on the 2024 Skills List
2. Other Factors That May Apply
3. Advisory Opinion:
If unsure, you can request an Advisory Opinion from the Waiver Review Division. This will determine if the 2-year foreign residence requirement applies to your case. See travel.state.gov for more information
4. Stay in the U.S.
Foreign nationals no longer subject to the 2-year rule can:
1. J-1 Holders Admitted or Acquiring Status On or After December 9, 2024
2. J-1 Holders Admitted or Acquiring Status Before December 9, 2024
3. Pending Waiver Applications
The 2024 Skills List does not apply to J-1 exchange visitors subject to the 2-year rule for other reasons:
If either of these apply to you, the 2-year rule still applies and you must fulfill the requirement or apply for a waiver.
If Your Country is Still on the List:
See J-1 Waiver Division for more information.
How About Institutions?
The 2024 list is the first update in 15 years. The State Department plans to review the list every 3 years going forward to keep it current and aligned with U.S. foreign policy.
If you are subject to the requirement but can’t fulfill it, you can apply for a waiver. Here are common scenarios:
General
Countries and Skills
Retroactive
Eligibility and Immigration Options
Waivers
Impact on Employers and Institutions
Policy and Future Updates
Miscellaneous
Contact an Immigration Expert
Contact an Immigration Expert
The 2024 Skills List is a game changer in U.S. immigration policy. Many J-1 visa holders are now free and new opportunities are opening up. For researchers, scientists and academic institutions, this is a big barrier remover.
If you are impacted or need help, consult an immigration attorney to discuss your options and U.S. immigration regulations.
If you have questions about the 2024 Skills List and your J-1 or need J-1 waiver help, contact an immigration attorney. Immigration Attorneys like those at the Herman Legal Group, serve:
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