ATTENTION: H-1B SPOUSAL RULES CHANGING
April 8, 2019
The USCIS announced new regulations on Friday regarding the review process for spouses of H-1B holders. In particular, the new regulations are focused on spouses who are legal minors. The administration said the new regulations are meant to ensure that the visa process is protecting vulnerable populations and not being abused as a human trafficking tactic.
The changes mainly add new review procedures to the spouse of an H-1B holder attempting to immigrate to the US with them using an I-130 petition. It only applies when the spouse is under 16 years of age, OR if they are 16 or 17 years old with more than a 10-year age gap between partners.
The practical implications are that there might be more “request for evidence” requirements for those affected. Given that failure to provide evidence is a common reason for visa rejections, it is important to ensure that these requests are handled timely and appropriately.
For anyone concerned about the visa process, regardless of your marriage status, the best course of action is to work with a qualified legal team to help navigate the shifting rules and regulations.