H4 VISA Glitch

THE consequences of not properly preparing for an H-4 visa interview may be devastating. An H-4 visa is for the spouses and children of H1B temporary workers. Consular officers at the Embassy in Manila examine the wages paid to H1B workers when H-4 visas are requested.

Failure to pay the prevailing wage is a H-1B violation, which may have serious consequences for the H-1B worker and his family. The story of Emanuel below illustrates an all too common and heartbreaking experience. Emanuel, an accountant from the Philippines, visited the United States.

During his visit, New Products Inc. offered him a position as an accountant with a salary of $17 per hour. The company filed an H-1B petition with the US Citizenship and Immigration Services (USCIS) to allow Emanuel to begin working. In its H-1B petition, New Products declared it will pay the prevailing wage of $17 per hour. The USCIS granted Emanuel three years of H-1B status.

Emanuel started working for New Products as an accountant, but New Products only paid him $12 per hour. Emanuel did not file a wage complaint with the Department of Labor as he is thankful to be employed. He sent money home to the Philippines for his wife, two children and younger siblings. Emmanuel was planning to save enough money so he can bring his wife and children to the US with H-4 visas. But since the cost of living in the US is high, it took Emanuel three years to save enough money to bring his family.

New Products was impressed with Emanuel and sponsored him for a green card. At the embassy interview of his wife for H-4 visas the consular officer requested additional documents: a copy of the H-1B petition, Emanuel’s three most recent pay stubs and his W-2 tax forms which reflect his annual salary with New Products.

Emanuel sent the requested documents to his wife who took those to the Embassy, expecting H-4 visas to be issued. At her second interview, she was shocked to hear the consular officer had denied the visas! The officer also informed her that he is sending USCIS information to revoke her husband’s H-1B status.

The extra documents showed Emanuel was not receiving the H-1B wage of $17 per hour as required by law. The employer violated the H-1B provisions leaving Emanuel “out of valid H-1B status.” The H-1B wage is meant to protect US workers, but some government officials are turning the law upside down and punishing the workers. Shortly after his H-1B was revoked,

New Products’ immigrant visa petition for Emanuel was denied because he is out of status and the labor certification wage offer is not credible since the employer did not pay the prevailing wage.

As a result, Emanuel’s green card application was also denied. Emanuel can no longer remain in the US and his chances of ever immigrating are permanently over. H-4 visa applications must be carefully and properly prepared.