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Empowering H-4 Visa Holders: A New Solution to Work Legally
by Guinevere Anand on Aug 02, 2023
Introduction
For years, spouses of H-1B visa holders on the H-4 visa have faced restrictions in their ability to work legally in the United States. However, recent developments have brought forward a new opportunity for H-4 visa holders to gain work authorization.
In this blog post, we will explore the two existing conditions under which H-4 visa holders can work and introduce an innovative solution that allows them to gain work experience through enrolling in a legitimate Day 1 CPT (Curricular Practical Training) universities.
Existing Conditions for H-4 Visa Holders to Work
H-4 visa holders were eligible to work under two specific conditions:
a. H-1B Spouse with Approved I-140: If the H-1B visa holder's employer had filed an approved Immigrant Petition for Alien Worker (Form I-140), the H-4 visa holder could apply for an Employment Authorization Document (EAD) and work legally in the United States.
b. H-1B Spouse Under AC21 Act: The American Competitiveness in the Twenty-First Century Act (AC21) allowed certain H-1B visa holders seeking permanent residency (green card) to extend their H-1B status beyond the typical six-year limit. During this extension period, their H-4 spouse could apply for an EAD and obtain work authorization.
A New Solution: Work Legally with Day 1 CPT
Day 1 CPT Universities: A promising solution has emerged for H-4 visa holders seeking to gain work experience in the United States - enrolling in a legitimate Day 1 CPT university. Day 1 CPT is a unique program that allows students to participate in Curricular Practical Training from the first day of their academic program. H4 holders have the opportunity to study and pursue advanced degrees at Day 1 CPT Universities, with the added advantage of being able to work from the program's outset, applying classroom knowledge in real-world business scenarios.
Several things to consider:
a. Legitimate Day 1 CPT Universities: It's crucial to emphasize that not all universities offering Day 1 CPT programs are legitimate. To ensure compliance with immigration regulations and avoid potential issues, H-4 visa holders must thoroughly research and enroll in accredited and authorized institutions.
b. Curricular Practical Training (CPT): CPT is a type of work authorization that allows students to gain practical training or work experience directly related to their field of study. By enrolling in a Day 1 CPT university, H-4 visa holders can engage in employment from the beginning of their academic program while pursuing their studies concurrently.
c. Benefits of Day 1 CPT for H-4 Visa Holders
Why Day 1 CPT Universities:
The ability to work through Day 1 CPT offers various advantages for H-4 visa holders, including:
i. Immediate Employment: Unlike traditional universities, where international students often wait for Optional Practical Training (OPT) opportunities after completing their studies, Day 1 CPT allows immediate employment, providing financial stability and professional growth.
ii. Skill Enhancement: Through practical work experience gained during CPT, H-4 visa holders can refine their skills, build a professional network, and enhance their resume, boosting their chances of securing better job opportunities in the future.
iii. Pathway to H-1B Sponsorship: By gaining work experience in the United States, H-4 visa holders may increase their chances of finding employers willing to sponsor their H-1B visa, which could potentially lead to permanent residency.
Conclusion
The inclusion of Day 1 CPT universities as a viable solution for H-4 visa holders seeking to work legally in the United States is a significant step forward. It provides an opportunity for these individuals to pursue their professional aspirations and contribute to the American workforce. However, it is crucial to exercise caution and enroll in reputable institutions to ensure compliance with immigration regulations. As the landscape of immigration policies continues to evolve, aspiring H-4 visa holders should stay informed about the latest updates and make informed decisions to achieve their career goals in the United States.
If your OPT is going to end soon and you are not selected in the H1B Lottery in FY 2024, studying in one of our partner Day 1 CPT Universities might be one of your options to continue your journey in the United State.
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