Friday, February 27, 2015


Effective May 26, 2015 certain H-4 dependent spouses may file for work authorization, reducing the economic burden on H-1B nonimmigrant families struggling to survive on a single income as they work towards permanent resident status. 

Which H-4 Dependents will be eligible for Work Authorization? 

1)      Those with an H-1B spouse who is the beneficiary of an approved I-140


2)      Those with an H-1B spouse who is the beneficiary of a labor certification that was initiated before the start of the H-1B’s sixth year.

With an estimated three-month processing time, H-4 dependents who file on May 26th should expect to receive their employment cards on or before August 26th.  Those who seek to take advantage of this opportunity should prepare now.
Mitchell C. Zwaik
Attorney at Law
Firm Locations:  Ronkonkoma, NY, Hampton Bays, NY, Queens, NY, Brooklyn, NY

Tuesday, February 17, 2015

Judge Attempts to Delay DACA Expansion, but NOT on Constitutional Grounds:

February 17, 2015:

A federal judge in Texas has determined that President Obama did not follow proper “administrative procedure” when he implemented DAPA and expanded DACA.  Through this the judge is attempting to stall the start of both programs through a temporary injunction. 

Republicans arranged for the hearing to take place in Texas, before one of the country’s most conservative judges, whom they were confident would rule in their favor.  Important to note, however, is that the judge’s ruling was NOT based on constitutional grounds.  What does this mean?  That even a conservative judge in Texas does not believe that President Obama acted outside his constitutional power to implement DAPA and expanded DACA, and that this judge was desperate to find another reason, any reason, to delay the program.

We are confident that the president’s administration will appeal this ruling, and that they will request a stay of the injunction, which will allow individuals to apply for expanded DACA while the case is pending.  We are also confident that the federal government will win the appeal, and that DAPA and extended DACA will continue as planned.

Mitchell C. Zwaik
Long Island, NY
Brooklyn, NY
(631) 588-4040