Ead For Dependents Of Work Visa Holders On H-4, O-3, P-4, Td, R-2 Visas

I feel helpless. Back home I was working with a fashion house as their primary designer. Here I have nothing to do but sit at home. Not like my friend Suzanne, who got her employment authorization and now works for a consulting company.” says Olivia with sadness in her voice.

Both Olivia and Suzanne are good friends from France, have the same academic background, live in the same city in California and their husbands work in the same company as Business Analysts. While Suzanne can work in the US, Olivia is not authorized to do so. Why? Olivia is on H-4 status and Suzanne is on L-2.

Dependants of personnel with work visas in the US are not generally allowed to work in the US, unless they qualify for a work visa in their own. However, spouses of certain student or work visa holders can apply for employment authorization. This article discusses the situations when a dependant spouse can work or study in the United States.

Dependants of H nonimmigrants (H-4 visa)

In the above example, Olivia cannot work in the US because she is on H-4 visa. Dependants on H-4 visas must be supported by the principal H visa holder. However it is possible to study on H-4 without converting to a student visa.

Dependants of L-1 nonimmigrants (L-2 visa)

Suzanne can work in the US because she is on L-2 status. As a spouse of L-1 visa holder you may work part-time or full-time in the U.S. You must apply for and receive proper employment authorization from the USCIS before you can start working. You may also engage in full-time study in the U.S. However, you may not apply for employment authorization if you are a dependant child on L-2 visa.

Dependants of E-1 or E-2 nonimmigrants

Dependant spouses of E-1 and E-2 visa holders may seek employment by applying for Employment Authorization using Form I-765. You may also attend U.S. schools, colleges and universities, and do not have to apply for separate student visa such as an F-1 visa.

Dependants of J-1 nonimmigrants (J-2 visa)

You may work in the U.S. on J-2 visa, if you receive special permission from the USCIS and the money is not needed to support the principal J-1 visa holder. However, an application for permission to work can only be made after the J-2 visa holder’s arrival in the U.S. and will be considered in light of policies then in effect.

To apply for work authorization on J-2 visa, you:

Must hold valid J-2 status, and the Exchange Visitor must hold valid J-1 status, as shown on your Form I-94 Departure Record cards

May not use your income to support your J-1 spouse or parent

May begin working only after you receive your Employment Authorization document from the U.S. Citizenship and Immigration Services (USCIS)

May work part-time or full-time, at any job, for any employer. There is no limit to the amount you may earn

You may also study on J-2 visa. There is no requirement that the spouse and/or children of a J-1 visa holder apply for a student visa if they wish to study in the U.S.

Dependants of F-1 nonimmigrants (F-2 visa)

You may not take up paid employment while in the U.S. on F-2 visa. As an F-2 spouse you may not engage in full time study and F-2 child may only engage in full time elementary or secondary school (kindergarten through twelfth grade) study. F-2 spouse or child may engage in a study that is vocational or recreational in nature.

Conclusion

Though immigration regulations allow certain spouses in dependant visa status to apply for employment authorization, for some, working in US is a distant dream. However, there are situations where persons in a situation similar to Olivia are able to work. They can change their status to a work visa, provided they have the required qualifications, experience in their field of expertise and a valid job offer from a US employer. One other situation where a dependent spouse can start working in the US can be when the principal spouse’s employer files for permanent residence for that spouse, and subsequently the dependant spouse may become eligible to apply for Employment Authorization. However, for persons not eligible for any of these alternatives, working in the US still remains a distant dream.

A few weeks later Olivia receives a call Hi Olivia, this is Rose from VisaPro. Your H-1B petition has been approved. Congratulations! You can soon start working. Feel free to Contact VisaPro in case you need further help.

Contact VisaPro if you have any questions regarding any type of employment based and family based petitions.

VisaPro covers the latest happenings on work visas in Immigration Monitor, monthly newsletter. Click here to subscribe to Immigration Monitor.

Employment Outlook For Surgeons

The Advisory Council for General Surgery stated that the total of general surgeons in the US in ’94 was between a little over seventeen thousand and over twenty three thousand, or a ratio of a little over seven general surgeons per one hundred thousand people. As many as a third of today’s practicing doctors may retire by the year ’20. It is hence estimated that because of the number of retiring surgery physicians, the job market for them is solid and should continue to increase. There are special concerns about a likely lack in the near future as older physicians retire. Rural areas are especially vulnerable, as they are prone to being unable to appeal to and retain physicians, statistically.

Increased jobs will be open to surgeons in areas of poorer populations and rural areas. Surgeons earned an average annual salary of $240,533 to $361,589 in 2008, as quoted from Salary.com reports. Salaries vary according to experience in the field, geographic location, and professional specialization.

General Surgeon’s Salary Range

Generally, most medical specializations and sub-specializations, the amount of experience, geographic location and the type of facility and determine the Surgeons salary. The Allied Physicians Salary Survey revealed a difference in salary for general surgeons by years of experience as follows: * 1-2 Years – $226,000 * 3 or More – $291,000 * Cap – $520,000.

General Surgeon Job Overview

The international job forecast for general surgeons is good as well because the shortage for physicians is happening around the world. Career opportunities are expected to grow faster than the average between the present and 2014. The Department of Labor showed that 14.6 percent of all practicing physicians are qualified in surgery.

The Aging Population in the US

The US demographic is growing old. From ’10 and ’35, all age groups 70 and above will rise by over 95%. This indicates that there will be a greater demand for all physical wellbeing services and a relatively smaller and younger population of doctors taking the retiring doctor’s place . Some are uneasy that as the Baby Boomer age group starts receiving Medicare coverage the older physicians may retire more quickly rather than accept the lower fees and larger workload of the federal sponsored Medicare. Furthermore, it is predicted that as many as one-third of today’s practicing physicians will retire by 2020. However, the economic downturn and substantial job loss across the country has had a blunt effect on the revenue stream to physicians. When people lose their trade, they also lose their health care benefits and consequently access to health care.

Stock Market Decline impact on Retirement

The recent stock market decline has impacted older doctors’ decisions. Some doctors are delaying retirement because of the economy’s impact on their retirement savings. But even a three to five year setback cannot possibly attend to the impending loss of experienced doctors. Some new doctors are looking to Locum Surgery jobs for the short term to remain available for better employment.

Health Care Bill

Even with the health bill at last signed into law, its effects on our health care is not yet known. By ’14 there will be an increase in the enrollment into health care insurance programs. This growth, when combined with the ongoing aging of the people, should push demand for services and therefore cost higher. Still, no one yet knows what will come to pass with remuneration rates from Medicare and this new plan. The question is will there be rate a cut of reimbursement rates for different specialties by Medicare, and will this new program turn into a decreasing factor of the salary of all specialties including General Surgery, its related specializations, and subspecialties.

Clearly the Obama administration has it’s work cut out for it. We are getting older and there are fewer and fewer young people to carry this growing fiscal burden. The Sins of the Fathers…

Which Forex News Reports Are Trade-worthy

News trading is an excellent way of profiting in the Forex market. Economic news usually has the ability to increase volatility and thus potential trade opportunities in the market. However, it is important to only trade the news that has the highest ability to cause movements in the market. As much as the markets often react to the majority of economic news from different countries, those from big economies such as the U.S. and Europe play a significant role on currency market moves.

Here are some news reports that are trade-worthy:

Interest rates
Interest rates have the ability to cause significant movements in the Forex market. By increasing, maintaining, or lowering interest rates, central banks exert influence over the value of currencies. If raised, the exchange rate of a particular currency would appreciate in value, and if decreased, the exchange rate would depreciate in value. When an interest rate rises, it would offer lenders in an economy a higher return as compared to other countries; therefore, there would be an increased inflow of foreign capital that ultimately would cause the value of a currency to appreciate. Generally, it is seen as a good thing when interest rates increase and a bad thing when interest rates decrease.
Economic indicators
Economic indicators give a picture of the general performance of the economy of a country. They enable analysis of current performance and future forecasts of the economy of a country. Economic indicators comprise of various indices, earnings reports, and economic summaries, and some of which include Gross Domestic Product (GDP), Gross National Product (GNP), Consumer spending, capital expenditure, and government expenditure.
Inflation rates
As a general rule, a country having a high inflation rate usually has a weak currency, since its purchasing power decreases as compared to other currencies of its trading partners. To strengthen the value of a currency, the central bank of a country may make a decision to increase the interest rates.
Employment indicators
In order to comprehend the economic health of a country, it is essential to know the employment statistics of that particular country. Therefore, various employment indicators released on a regular basis are very important in affecting the value of currencies in the Forex market. An example of this is the U.S. Non-Farm Payroll released on a monthly basis.
Balance of trade announcements
As a general rule, a country with a positive Balance of Trade (BOT) usually has a rising currency.

What A Well Drafted Employment Contract Should Contain

If you are starting up a new business or are just drawing up a new employment contract then there are many things that you should consider. Employment law is ever-changing and so you should ask an employment solicitor to check your contract template before you give it to an employee.

This article looks at the basic points, which should be included and considered when designing your employment contract.

1. Define the basic employment terms – create a section at the forefront of the contract, which defines an employee’s working arrangements. For example, include their pay, annual leave entitlement and working hours. This information can then be amended as per the employee.

2. Specify any probationary and notice period requirements – if the job is only to be granted on a permanent basis after satisfactory performance for 3 months then state this. Also be clear as to how much notice the employee must provide, both within and out of the probationary period. For example it may be reasonable to request the employee to give 1 weeks notice during the probationary period and 4 weeks notice when permanently employed.

3. Consider the availability of flexible working – is the employee going to have the option of flexible working? If so, is this restricted to certain hours? For example an employee may be able to work flexibly as long as he/she is in the office between 10am – 4pm. This type of arrangement is extremely popular with employees that have children or other such commitments. Flexible working also helps prevent employee absence.

4. Highlight any specific requirements – it is important to make an employee aware if a requirement of their job role is contractual or not. A good example of this is having access to a car for travel. If this is a contractual requirement then you should state this on the contract itself.

5. Locations and departments – is your employee going to remain in one department and location throughout the duration of his/her contract? If the role is permanent do you foresee that the employee may have to relocate in line with business development? In order to cover such a requirement a provision can be put within the contract to inform the employee that they may be required to relocate or take on different duties in the future as part of their job role.

6. Non-contractual agreements – state if there are any non-contractual agreements particular to the employee. These agreements are those such as performance related bonuses and commission. These are circumstances that neither party can expect or claim for as part of the contract.

7. Generic terms – it is important that you draw up a set of employment terms and conditions that are comprehensive and will cover every contract. This is the area, which you should seek legal advice when drafting. These terms must be designed in line with your business’s specific needs. For, example, consider how important it is for you to include a confidentiality clause in the contract and how detailed this needs to be? You should ensure that none of the terms are discriminatory or unfair; an employment law solicitor will help confirm this. Use online resources such as ACAS to keep yourself informed of recent employment law changes; these can then be reflected in your template contract.

Whether To Sign A Non-disclosure Agreement

Steven Sutton is the owner of the Law Offices of Steven R. Sutton and a commercial litigator in New York City. According to Sutton, for employers who are trying to protect their businesses, having new employees sign non-disclosure agreements is a great way to ensure that company information and trade secrets dont get out in the event of an employees departure.

Employment issues are a key part of my firms business, and I have acted as a commercial litigator for New York clients on both sides of this type of case. We have had employers coming to use and asking to have non-disclosure agreements drafted as a way to tie their employees in to the company, and we have also had employees come to us to ask about what the details in the agreement they signed really mean.

On the Employers End
On one hand, for business owners, having their employees sign an airtight non-disclosure or non-compete agreement can be very important in keeping company secrets confidential. These contracts are particularly important when dealing with senior-level management, and any other employees who are privy to very sensitive or confidential company information. Companies that require employees to sign non-disclosure agreements can prohibit these employees from sharing any information that a person outside of the company would not ordinarily be aware of, and having these provisions in place can be key from the employers point of view.

Especially for companies in the health and fitness industries, having these agreements in place is the only way to protect secret client lists and keep sensitive information out of the hands of competing organizations. When a company hires a new personal trainer, it would never want him or her to tell people who the companys famous celebrity clients are. And in addition to that, the company would need to prevent that new trainer from using its client list if he or she were to create a new personal training business in the future.

Besides client lists, in the case of health and fitness companies, non-disclose agreements can also prevent employees from taking their companys techniques or training methods if they leave in the future. In fact, provisions in these agreements can be written to prevent employees from exposing any and all confidential trade secrets to outsiders once employment with the company has been terminated.

From the Employees Perspective
On the other hand, these agreements can take a much different turn for the employees themselves. Rather than protecting them, many employees feel like the contracts they are being asked to sign could actually be prohibiting them from seeking employment with other companies in the future. I have worked with people who said they didnt know what they were getting into when they signed a non-disclosure agreement, and later found out that the agreement they signed essentially prevented them from earning a living in the future.

Very often, when people sign these non-compete contracts, they are not sure whether it does or does not apply to potential future positions. Unfortunately, the contracts that are signed during employment are valid once that employment is over, and certain provisions can in fact prevent people from working in the same field or industry for a period of time once their employment with the company has been terminated. While every contract is different, some non-compete agreements specify that employees may not work in any industry within a certain geographic area once their employment has ended. From the employees standpoint, these types of contracts can be litigated and negotiated. In New York, hiring a commercial litigator to argue the case is a common next step after receiving notice of termination.

What a Lawyer Can Help
Any employees who feel that the contracts they signed were unfair should certainly consult with a commercial litigator for help. If the client feels that the non-compete contract he signed should not be valid, the lawyer would attempt to get rid of any temporary restraining orders that prevent the client from earning a living or feeding his family. By arguing that the non-compete provisions of the agreement should be interpreted in a different way, the attorney will help a lot.

In New York especially, these types of agreements are not always valid, depending on the facts of the case. The only way to determine whether a particular non-disclosure agreement is, in fact, valid is to have a professional attorney give it a close look. Our law firm has actually litigated some of these issues pretty extensively in the Supreme Court in New York, and we have had quite a bit of success in advising employees of what they can and cannot do.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.