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Employment alternatives for spouses of H-1B workers

The spouses of California workers with H-1B visas may be vulnerable to losing their rights to work in the United States. Legislation has been proposed that will end the abilities of spouses of H-1B workers to get employment authorization documents. The H-1B visa program and the rights of spouses to work can be important for those who are waiting for years to get a green card.

While it is not yet clear what may happen with the law, for some immigrants, Canada may offer a solution. Under this plan, the U.S. company would need to have a division in Canada. Many H-1B visa holders are tech workers, and it is not unusual for an American tech company to have an office in Canada. The worker could be transferred to the Canadian office for a year. They might even be able to work remotely in Canada and travel back and forth between the U.S. offices as needed.

This would open up a number of other immigration possibilities. With specialized knowledge about the company, the worker would be eligible for an L-1B visa. This would make the spouse eligible for an EAD again. For some Indian workers, processing times for immigration might drop significantly.

Those who are dealing with any aspect of immigration law, including bringing family into the country, getting a visa for work or education, seeking asylum, dealing with deportation orders or seeking naturalization, may want to obtain legal representation. This is a fast-changing area of law, but an experienced attorney will be aware of the changes in procedures and regulations.

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