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Current regulations towards H-2 and H-3 temporary workers allow for dependents and spouses to be admitted as H-4 immigrants and stay in the U.S. for the same length the worker is allowed to stay, up to three years. If these dependents and spouses were to decide to change status to work as an H-2 immigrant or train as an H-3 immigrant, under the current regulations any time they were in the U.S. as an H-4 would be deducted from the remaining time they would be allowed to stay under their new status.

This new regulation effectively “restarts the clock” whenever there is a change in status between H1-B, H-2, H-3, or H-4 status. Meaning if someone was in the U.S. for two years as an H-4 and becomes an H-3 they would be able to stay in the U.S. for the full three years as opposed to the one they would have been able to stay previously. This new regulation also applies to workers and trainees who transition from H1-B, H-2, or H-3 to become an H-4. Any time they spent under their previous status would not be used against them in their new status. This exciting new regulation from USCIS allows for more flexibility within family groups and also allows for families to stay together.

If you think that you may be able to benefit from this new USCIS regulation make sure you schedule a consultation to see if you qualify. All cases are unique and you should speak with a licensed attorney to decide what your best options are.

David Walters
David Walters
David E. Walters practices immigration law in Las Vegas, Nevada. He has been licensed to practice law in California since 1998 and Nevada since 1999. He is also admitted to practice before the District Court of Nevada, Central District of California, and the Ninth Circuit. He is a member of the American Immigration Lawyers Association and Nevada Attorneys for Criminal Justice. He teaches immigration in the Hispanic Citizens’ Academy for the Las Vegas Metropolitan Police Department. Mr. Walters graduated from Loyola Law School in Los Angeles, CA in 1998. During law school, he was a member of the St. Thomas More Law Honor Society and the Loyola of Los Angeles International and Comparative Law Journal. David is married to Isabel Walters, an immigrant from Ecuador who is now a U.S. citizen. They have two children.

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