Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 60 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
On February 25, the United States Department of Homeland Security (DHS) issued final regulations making H-4 dependent spouse status holders eligible for an employment authorization document (EAD) under two circumstances: 1) where the H-1B principal is the beneficiary of an approved I-140, Immigrant Petition for Alien Worker or 2) where the H-1B principle has been granted status pursuant to the 7th year extension provisions of Section 106(a) of the American Competitiveness in the 21st Century Act (AC21). The rule does not extend eligibility to H-4 dependents who are children. Eligible persons may file Form I-765, Application for Employment Authorization, concurrently with Form I-539, Application to Extend/Change Nonimmigrant Status. The effective date and of the rule is May 26, 2015, which will be the first day DHS will accept H-4 EAD applications. The rule was promulgated in 80 FR 10284.
H-4 nonimmigrant status is conferred on foreign nationals who are the dependent spouses of H-1B nonimmigrant status holders. The H-1B program allows United States employers to temporarily hire foreign nationals to fill specialty occupations – those requiring theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree as minimum for entry into the occupation. H-4 status can be conferred upon the spouse and under 21 year old unmarried children of the H-1B holder.
DHS found that the lack of employment authorization for H-4 dependent spouses can give rise to personal and economic hardship for the families of H-1B nonimmigrants and that those hardships can increase the longer the family remains in the United States. Long delays in the employment based lawful permanent resident categories are part of the reason for the long stay of H-1B families. In order to retain these workers who are highly correlated with overall economic growth and job creation, DHS stated that it made employment authorization available to H-4 spouses to support the retention of H-1B nonimmigrants who are on the pathway to lawful permanent resident status.
This change in regulation will have a dramatic impact on the families of H-1B nonimmigrants who have been affected by the long backlog in employment based green card processing. Employees who are affected by this change of rule should begin collecting materials in preparation for the May 26 effective date.
This rule does not impact H-4 spouses whose spouses are not the beneficiary of an approved I-140 or who hold H-1B status pursuant to a 7th year extension. The rule does not extend to H-4 children.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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