Family Unity
The principle of family unity is a fundamental aspect of international human rights law, encompassing the right to maintain a family unit, reunite separated families, and respect the dignity of family life. This principle holds particular significance in the context of migration and displacement.
H-4 Visa Benefits, which provide work authorization to spouses of Green Card holders in the United States, play a crucial role in promoting family unity. By allowing these spouses to work and gain financial independence, they can actively participate in society and contribute to their family’s well-being. Engaging in employment can also provide a sense of purpose and boost morale as they strive to obtain permanent residency.
A recent lawsuit filed by Save Jobs USA, challenging the authority of the federal government to grant work authorization to H-4 visa holders, was dismissed by Judge Chutkan. The judge highlighted the long-standing practice of the executive branch and the implicit and explicit support of Congress. She also noted the modernization and streamlining of the USCIS Electronic Immigration System.
Work Authorization for Spouses (H-4 Visa Benefits)
Many H-4 dependent spouses wish to pursue careers in the United States, despite the current prohibition on employment. Granting work authorization would provide these families with increased financial independence, enabling them to prioritize their children’s education and other important family matters.
Several employers have expressed support for this rule, recognizing that allowing H-4 spouses to work helps retain highly skilled workers and enhances U.S. competitiveness in the global economy. Concerns about potential negative labor market impacts have been raised, but these claims lack empirical data and rely on the assumption that employment authorization for H-4 spouses will lead to increased job competition and wage suppression. The Department of Homeland Security has considered these concerns but ultimately decided not to adopt the suggested changes in this final rule.
Access to U.S. Schools and Universities
Studying in the United States offers valuable professional opportunities and the chance to gain knowledge in world-class universities and a vibrant technology and innovation scene. For H-4 visa holders, pursuing a degree can provide an outlet for personal growth and a stronger sense of purpose, especially for young, professionally educated women who may feel unfulfilled while their spouses are working. Additionally, availing in-state tuition benefits can be a cost-saving option for H-4 visa holders.
Qualifying for in-state tuition varies from state to state, but typically involves meeting criteria such as demonstrating a valid relationship and evidence of payment of taxes in the current state of residence. The duration of stay in the U.S. prior to applying for schooling is also an important factor to consider.
Healthcare Benefits (H-4 Visa Benefits)
H-4 visa holders enjoy several benefits similar to those of U.S. citizens and permanent residents, including access to healthcare, the ability to open bank accounts, obtain driver’s licenses, and utilize credit and debit cards. They also have the right to work and are required to pay taxes like other Americans. However, filing taxes can be a complex process that may require guidance from an immigration attorney to ensure proper submission of documents and avoid complications.
Furthermore, spouses and children of H-1B visa holders are eligible to apply for an employment authorization document (EAD), which can provide them with the opportunity to work and contribute to their family’s finances while waiting for the green card process to conclude. It is important to note that working without a valid EAD is a violation of H-4 visa status and can have serious consequences. Seeking assistance from a qualified immigration attorney, such as Kodem Law, can help navigate the employment authorization process for H-4 dependents.
Cultural and Personal Growth
Being on an H-4 visa allows spouses and children of H visa holders to immerse themselves in a new culture, experience a different way of life, and seize opportunities for personal growth. The ability to work in the United States sets H-4 visa holders apart from those on H-1B visas who are often constrained by the backlog in the green card process. By working and contributing to the American economy, H-4 visa holders not only gain personal fulfillment but also strengthen their family’s overall well-being.
While precise statistics are not readily available, the Department of Labor shows that a substantial number of H-4 EAD holders sponsored for permanent residence by their employers are employed in highly skilled occupations such as software development, as well as business and finance, architecture and engineering, management, and healthcare.
Ultimately, the opportunity to work and contribute to the economy serves as a significant incentive for families to move abroad and reside in a different country. However, it is important to recognize that financial challenges can arise if families cannot sustain their living costs while waiting for the green card process to progress.