You may be eligible for employment authorization if you were admitted to the United States as H nonimmigrant who has abused you.
The Violence Against Women and Department of Justice Reauthorization Act of 2005 included provisions to the Immigration and Nationality Act (INA) that allow certain abused nonimmigrant spouses to seek employment authorization.
Victims can use employment authorization for their own safety and independence from their abuser. In this case, the H nonimmigrant will not be notified of the filing.
The battered spouse employment authorization is available to both male and female spouses. The United States Citizenship and Immigration Services (USCIS) will initially grant employment authorizations for a period of two years, with the possibility of renewal in certain circumstances. However, such an employment authorization does not affect your lawful status.
In this piece, we will discuss employment authorization for H4 dependent spouses on grounds of abuse by their H-1B spouse.
H4 Battered Spouse EAD
If they leave with their spouse, many H4 visa holders risk losing their immigration status. As a result, abusive people continue to subject their spouses to domestic abuse. In order to provide better mental health care and protect against the fear of losing legal status in US, H4 battered spouses were brought within its purview.
Along with asking for protection through the National Domestic Violence Hotline, the employment authorization empowers H4 dependent spouses to leave an abusive condition, protect their physical and mental health and find work for themselves. This is protected under the Violence Against Women Act (VAWA).
The right of H4 visa holders to seek a temporary work permit in the United States is no longer limited by divorce. This means that even if the H4 dependent spouse is divorced from the H-1B nonimmigrant, she can request employment authorization on the ground of abuse.
However, the status of the abused spouses’ partners in the process of obtaining legal permanent residency has nothing to do with their work permit application.
Who May Apply for H4 Employment Authorization?
You need to file Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse in order to receive H4 employment authorization. You will need to meet the following requirements in order to be eligible for filing:
- You are or were the spouse of an H nonimmigrant visa holders who was admitted under INA section 101(G), and;
- You accompanied or later joined your H nonimmigrant spouse to the US.
Who is an Abused Spouse?
Domestic violence is defined in 8 U.S.C. §1101(a)(48) as abuse that occurs within the context of family violence, including any behaviors that physically harm, arouse fear, prevent a victim from going outside the home, or otherwise threaten harm to the victim’s physical safety.
The meaning of domestic violence within the Act includes such acts as battery (sexual and/or non-sexual), sexual assault, enticement into domestic trafficking, forcible detention, peonage, stalking, passive or active neglect, and other forms of emotional abuse.
It also includes intimate partner battering; for purposes of this benefit program only, individuals whose sole abusive relationship is with a child (e.g., a child abusing his/her parent) will not be considered to have been the victim of abuse by the individual.
The battered spouse employment authorization benefit is available for any domestic violence that occurs within a one-year period beginning on the date you file your application. However, it does not matter whether this timeframe coincides with any other requests or applications made by or on behalf of you (such as visa petitions).
Eligibility Requirements
In order to be eligible to receive work authorization, you will have to submit credible information for the following:
- You are the qualifying spouse who accompanied or followed your H nonimmigrant spouse to the United States
- You must show that you are in a qualifying marital relationship by proving that you:
- Are married to a nonimmigrant who was admitted to the United States in nonimmigrant status H, or,
- Were married to a nonimmigrant who was admitted to the United States in nonimmigrant status H.
- You last entered the US with H nonimmigrant visa;
- You or your child were subjected to extreme cruelty by your H nonimmigrant spouse during the marriage and after you entered the US with H nonimmigrant status;
- You currently reside within the US.
- Your H4 visa status is valid.
Frequently Asked Questions
Do I Need A Lawyer to file Form I-765V?
Successfully filing Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse is critical for successfully receiving a permit to work in the USA.
It is highly recommended that the victims of domestic violence retain an experienced immigration attorney to file their application for employment authorization.
We at Herman Legal regularly work with victims of domestic abuse to receive employment authorization. Our team of experienced immigration attorneys can ensure that your application is filed correctly and submitted to USCIS in a timely manner.
We regularly guide victims of abuse through the entire process from receiving work permission, maintaining employment permission, or applying for permanent residency. Get in touch with us today to schedule a consultation.
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