Nonimmigrant visas are temporary visas that allow individuals to come to the U.S. for specific purposes, such as work, study, tourism, or family visits. Some nonimmigrant visa categories allow spouses of visa holders to work in the U.S., while others do not. If the nonimmigrant visa category of the spouse allows for employment, the spouse may apply for an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). With valid employment authorization through the EAD, the NIV spouse can then apply for a Social Security Number (SSN) if they intend to work in the U.S. and need an SSN for employment and taxation purposes.
If the NIV spouse’s visa category does not allow for employment, they may not be eligible to apply for an EAD or obtain an SSN based on employment. However, they might still be able to get an SSN for other purposes, such as opening a bank account or obtaining a driver’s license, depending on state and local regulations.
Here are some common nonimmigrant visa categories whose dependents may be eligible for an SSN:
• H-4 Visa Dependents: H-4 visas are issued to the spouses and unmarried children under 21 years of age of H-1B visa holders (temporary skilled workers).
• L-2 Visa Dependents: L-2 visas are for the spouses and unmarried children under 21 years of age of L-1 visa holders (intracompany transferees). Please note that new regulations allow L-2 dependents (L-2S category) to work and obtain a social security number without the need for obtaining an EAD, although the L-2S may obtain an EAD, it’s not required.
• E-1/E-2 Visa Dependents: E-2 visas are for treaty investors and their dependents. Dependents of E-1/E-2 Visa holders who have employment authorization (EAD) can apply for an SSN. Please note that new regulations allow E-1/2 dependents (E-1S or E-2S category) to work and obtain a social security number without the need for obtaining an EAD, although the E-1S and E-2S may obtain an EAD, it’s not required.
• J-2 Visa Dependents: J-2 visas are for the spouses and dependents of exchange visitors (J-1 visa holders). J-2 visa holders may be eligible for employment authorization under certain circumstances, such as when the J-1 visa holder is a participant in a specific type of exchange program. If a J-2 dependent has an EAD, they can apply for an SSN.
• F-2 Visa Dependents: F-2 visas are for the spouses and minor children of F-1 visa holders (international students). F-2 dependents are generally not eligible for employment authorization and may have restrictions on obtaining an SSN for employment purposes. However, some states may allow F-2 dependents to obtain an SSN for other purposes, such as opening bank accounts or obtaining a driver’s license.
Once the NIV spouse has obtained the necessary employment authorization, they should visit a local Social Security Administration (SSA) office in person. It’s important to bring all required documents with them.
The specific documents required may vary, but generally, you will need to provide the following:
• A valid passport with the NIV spouse’s nonimmigrant visa and I-94 Arrival/Departure Record. • The NIV spouse’s Employment Authorization Document (EAD) issued by USCIS. • Form SS-5, Application for a Social Security Card (this can usually be obtained at the SSA office or downloaded from their website). • Proof of age and identity, such as a birth certificate or other official documentation.
After submitting the completed Form SS-5 and the required documents at the SSA office. The staff at the office will review your application and documents, and you may be required to provide original documents or certified copies. The processing time by the SSA can vary (usually processed within two to six weeks), but you should receive your Social Security card in the mail once the application is approved.
It’s important to note that eligibility for an SSN for nonimmigrant visa dependents depends on the specific visa category, the employment authorization rules, and any changes in U.S. immigration policies that may have occurred, at SWLG we can provide you guidance on visa options, employment authorization, and related issues. We also help you understand the eligibility criteria for obtaining an SSN as a dependent on a nonimmigrant visa, assist with preparing and submitting necessary applications, and address any legal challenges that may arise.
If you are able to enter the US on ESTA (most western countries, Japan, South Korea, etc) you CANNOT USE ESTA anymore if you’ve ever visited Cuba . You must obtain a visitor’s visa or other appropriate visa from a US Embassy in order to visit the US.
CBP Announces ESTA Ineligibility for Travelers Who Have Been Present in Cuba
CBP’s Carrier Liaison Program provided information on Electronic System for Travel Authorization (ESTA) ineligibility for nationals of Visa Waiver Program (VWP) countries who have been present in Cuba or who are dual nationals of a VWP country and Cuba. On January 21, 2021, DOS designated Cuba as a State Sponsor of Terrorism, making these individuals ineligible for travel under the VWP. On July 6, 2023, DHS updated the ESTA application form and ESTA Mobile App to reflect these changes. For individuals affected by this restriction whose ESTA was already approved, the ESTA will be revoked and the traveler will receive a notification indicating their ESTA status has changed. CBP notes: “It is stressed that travel to the United States is not barred for those travelers who are affected by the restriction and do not meet the exemption criteria. If you encounter such a traveler, direct them to apply for a nonimmigrant visa at any U.S. embassy or consulate.”
DHS TRIP (Department of Homeland Security Traveler Redress Inquiry Program), which we would like you to be aware of if you are having problems at airports, train stations, ports of entry, etc. when entering the U.S.
We refer you to this website which should be helpful.
The Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) is a single point of contact for individuals who have had difficulties during travel screenings at transportation hubs such as airports or U.S. borders. These difficulties include:
watch list issues
screening problems at ports of entry
situations where travelers believe they have been unfairly or incorrectly delayed, denied boarding or identified for additional screening at our nation’s transportation hubs
People who have been denied or delayed airline boarding; have been denied or delayed entry into or exit from the U.S. at a port of entry or border crossing; or have been repeatedly referred to additional (secondary) screening can file an inquiry to seek redress.
The DHS TRIP Portal allows redress applicants and/or their authorized representative to submit their application online via the computer or mobile phone. The application process takes a few moments to complete and can be saved and returned to at a later date.
If you want to review the status of your inquiry, please login to the DHS TRIP Portal and visit the status page. The status page will tell you if your case is in process, has been completed, or requires more information.
When you submit your DHS TRIP Traveler Inquiry Form, the DHS TRIP system automatically assigns you a unique seven-digit identifier, Redress Control Number. You will be able to use this number to track the status of your inquiry. After your inquiry is completed, you will also be able to use the number when you make an airline reservation.
We often have clients who are taken into secondary inspection and sometimes we don’t know why. If this happens to a client often, it maybe helpful to file an inquiry on this website.
In cases like this, the reason may be that the passport or fingerprint information of the individual in the possession of the U.S. side is recorded incorrectly for some reason, or the information is similar to that of a person on a watch list held by the U.S.
With the inquiry, the client can provide additional information with the hope that DHS will rectify the record and issue the individual a redress number. Everytime the individual travels to the US, they can enter that number on the airline website and hopefully avoid issues or secondary inspections at the border.
Issues may include an overstay status due to an incorrect I-94 record from a previous stay in the U.S. or improperly denied ESTA authorization. In some cases, you may receive a response from DHS stating that you are no longer eligible to use the Visa Waiver Program, or you may be asked to provide more information for further review.
In such cases, you may need to make a FOIA request or worst case, you may have to obtain a visa to overcome a ESTA denial. Please contact us for a consultation on DHS Trip or other issues concerning entry to the US.
I’m reposting a really interesting article by Adam Cohen.. Just for some perspective.
In 2005, YouTube was founded, Tesla was still three years away from releasing its first car, the first iPhone was still two years away, and Donald Trump’s show The Apprentice was airing Seasons 3 and 4. Today, YouTube has billons of users, Tesla has sold over 3 million cars, Apple has sold more than 1.5 billion iPhones, and Donald Trump’s presidency greatly altered politics in the U.S. and beyond. A lot can change in nearly two decades.
The year 2005 was also the last year the H-1B cap numbers were touched by Congress. The H-1B program is vital to allowing employers, from small businesses to large organizations, to temporarily employ foreign workers in occupations requiring highly specialized knowledge and at least a bachelor’s degree in the field. Workers brought in under the program are found throughout nearly all industries in the U.S., including healthcare, technology, and others.
Congress set a cap of 65,000 H-1B visas to be issued annually, and in 2005, allocated an additional 20,000 visas for individuals who have earned a U.S. master’s degree or higher. Since that time, the H-1B cap process has grown increasingly out of step with the demand for professional workers. Additionally, while changes in the last few years to bifurcate the cap registration and H-1B filing have streamlined things, this has come at a significant cost to the integrity of the process.
From FY 2014-2020, USCIS received between 124,000 to 236,000 petitions in the first five days of the H-1B filing season, easily reaching the 85,000 cap. The subsequent registration process resulted in 274,237 registrations in FY 2021, all the way up to 780,884 in FY 2024!
Additional USCIS data sheds some light on this massive increase. It shows that eligible registrations for beneficiaries with multiple eligible registrations increased from 28,125 in FY 2021 to 408,891 in FY 2024. We appreciate USCIS’ transparency with this data, as well as its recognition that the data “has raised serious concerns that some may have tried to gain an unfair advantage by working together to submit multiple registrations on behalf of the same beneficiary.”
The same USCIS data shows eligible registrations for beneficiaries with no other eligible registrations. This number increased from 241,299 in FY 2021 to 350,103 in FY 2024 and seems more reflective of the actual and increasing demand for H-1B numbers, while the supply remains stagnant. However, in a highly competitive job market, it is not uncommon for multiple employers to make bona fide job offers to the same employee, but it’s hard to quantify which portion of the 408,891 figure is bona fide. Even so, what accounts for this greater demand?
First, the reopening of U.S. universities and consular operations post-pandemic has increased the number of foreign students graduating from U.S. institutions looking to use their education in the U.S. According to July 2019 USCIS data, about 84 percent of F-1 students obtaining another status between 2008-2018 transitioned to H-1B status, so the H-1B visa is the most common next step for F-1 students. It seems incredibly counterintuitive for us to provide these international students with world-class education and then force many to leave the U.S. if the H-1B “lottery” doesn’t go their way. They then take their talent, ingenuity, and entrepreneurship elsewhere, preventing would-be U.S. economic gains.
Second, there is increasing need for foreign workers to fill jobs due to a low unemployment rate, as well as recent legislation, such as the Infrastructure Investment and Jobs Act. A recent proposal for Congress from two Republican governors to allow states to directly sponsor immigrants to fill thousands of open jobs, as well as a statement from the Chair of the Federal Reserve about the U.S. labor supply shortfall owing in part to “a plunge in net immigration” underscore the U.S. need for a solution.
SW Law Group wishes everyone peace, happiness, and a prosperous new year. We are here to guide you and assist everyone. 新年明けましておめでとうございます。シンデル外国法法律事務所から皆様にお幸せ、そして、健康、ビジネスの成功も祈ります。２０２３年、よろしくお願いします。シンデル デービット。
THOUGHT OF THE DAY
Ever notice that Jews don’t traditionally wish each other “happy new year”?
Instead we say the Hebrew phrase “shanah tovah” which — in spite of the mistaken translation that appears on almost all greeting cards — has no connection at all to the expression “have a happy new year.”
Shanah tovahconveys the hope for a good year rather than a happy one. And the reason for that distinction contains great significance.
This past January, the Atlantic Monthly had a fascinating article titled There’s More to Life than Being Happy. The author, Emily Esfahani Smith, points out how researchers are beginning to caution against the pursuit of mere happiness. They found that a meaningful life and a happy life overlap in certain ways, but are ultimately very different. Leading a happy life, the psychologists found, is associated with being a “taker” while leading a meaningful life corresponds with being a “giver.”
The U.S. State Department recently announced that consular operations at various consular posts in China, will be reduced because of operational impacts caused by the surge of COVID-19 infections” across the country.
The U.S. Consulates General in Guangzhou, Shenyang and Wuhan will only be providing emergency consular services until further notice.
Beginning Dec. 19, the Guangzhou Immigrant Visa until will be closed for regular visa services until further notice due to limited resources.
The U.S. Embassy in Beijing and the U.S. Consulate General in Shanghai are only providing passport and emergency citizen services at this time.
All routine visa services, with the exception of some previously scheduled at the Consulate General in Shanghai, are temporarily suspended; all regularly scheduled appointments at the U.S. Embassy in Beijing and the other Consulates General have been canceled.
