Washington D.C. Plane Crash Lawsuits: Victims’ Families Seeking Justice

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The recent DCA plane crash involving an American Airlines jet and a U.S. Army Black Hawk helicopter has left families devastated and searching for legal options. As victims’ families begin seeking legal representation, attorneys across the country are examining who may be held accountable for this preventable tragedy.

At Oliver-Zhang Law, we understand the complexities of wrongful death claims and catastrophic injury cases and are actively helping families navigate the legal process. If you are looking for experienced Washington, D.C. wrongful death attorneys, we are ready to fight for justice on your behalf.

Victims’ Families Begin Seeking Legal Help After DCA Crash

According to USA Today, families affected by the crash have already begun reaching out to attorneys, seeking compensation and accountability. Wrongful death lawsuits may be filed against multiple parties, including:

✅ The Federal Aviation Administration (FAA) – for potential negligence in air traffic control staffing and oversight at DCA.

✅ Metropolitan Washington Airports Authority (MWAA) – for ignoring warnings about unsafe airspace congestion.

✅ American Airlines – for any operational failures that may have contributed to the crash.

✅ The U.S. Military – for its role in the training flight that resulted in this collision.

✅ Aircraft Manufacturers – if mechanical defects or malfunctions played a role in the accident.

Families are seeking experienced wrongful death lawyers to help navigate complex litigation and seek fair compensation.

What Victims’ Families Need to Know About Wrongful Death Claims

Filing a lawsuit for a wrongful death claim is a complex process. Here are key legal factors victims’ families should consider:

✔️ The Federal Tort Claims Act (FTCA) – governs lawsuits against government entities like the FAA and military.

✔️ The DC Wrongful Death Act – allows families to seek compensation for loss of companionship, financial support, and funeral expenses.

✔️ Multiple Jurisdictions May Apply – cases may be handled under federal law, D.C. law, or other relevant regulations.

✔️ Time-Sensitive Legal Deadlines – families must act quickly to preserve their right to file claims.

Our legal team at Oliver-Zhang Law specializes in wrongful death and catastrophic injury litigation and is prepared to assist victims’ families in securing maximum compensation.

How Oliver-Zhang Law Can Help

At Oliver-Zhang Law, we have extensive experience handling high-profile wrongful death and personal injury cases. We understand that legal action is not just about compensation—it’s about seeking justice and preventing future tragedies.

🔹 Decades of experience fighting for victims in catastrophic injury and wrongful death cases. 🔹 A team of expert investigators analyzing the cause of the crash. 🔹 A track record of success against government agencies and major corporations.

If you or a loved one were affected by this tragedy, contact our Washington, D.C. wrongful death attorneys today for a free consultation.

📞 Call us now: (202) 643-1110
📧 Email: [email protected]
🌐 Visit us: www.oliverzhanglaw.com

Justice for DCA Plane Crash Victims Starts Here

This devastating collision at Reagan National Airport was avoidable, and those responsible must be held accountable. We are committed to fighting for the victims and their families to ensure justice is served and future tragedies are prevented.

📌 If you or someone you love was impacted by the DCA plane crash, do not wait to seek legal help.

Contact Oliver-Zhang Law today. Justice starts with action. Let’s take it together.

 

FAA Negligence & Air Traffic Control Failures: New Developments in the Washington, D.C. Plane Crash Investigation

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The recent mid-air collision between an American Airlines jet and a U.S. Army Black Hawk helicopter near Washington, D.C.’s Reagan National Airport (DCA) has unveiled alarming failures in air traffic management and regulatory oversight. As more details emerge, evidence suggests that staffing shortages and negligence within Air Traffic Control (ATC) and the Federal Aviation Administration (FAA) may have significantly contributed to this tragedy.

At Oliver-Zhang Law, we are closely monitoring these developments and stand ready to assist families in seeking justice against all responsible parties, including the FAA, ATC personnel, the Metropolitan Washington Airports Authority (MWAA), the U.S. Military, and other potential defendants.

ATC Staffing Shortages: A Preventable Failure?

Recent reports indicate that the control tower at DCA was severely understaffed at the time of the crash. Only two controllers were managing air traffic duties typically handled by four, raising concerns about whether human error due to overburdened personnel contributed to the collision.

Key Issues with ATC Negligence:

  • Understaffed Control Tower: This shortage could have led to miscommunications, delayed clearances, or improper separation between aircraft.
  • FAA’s Oversight Failures: The FAA is responsible for ensuring safe staffing levels but failed to address critical shortages.
  • Air Traffic Volume at DCA: With a takeoff or landing occurring every minute, proper ATC staffing is essential for safety.

Addressing these deficiencies likely would have prevented this tragedy. Families of victims deserve answers.

FAA & Government Liability: Can the Federal Government Be Sued?

Many assume that government agencies like the FAA cannot be sued. However, under the Federal Tort Claims Act (FTCA), negligent actions by federal employees—including air traffic controllers—can result in liability.

Legal Grounds for a Lawsuit Against the FAA:

  • Failure to properly staff and oversee ATC operations at DCA.
  • Negligence in regulating air traffic safety procedures.
  • Ignoring prior warnings about DCA’s overcrowded airspace.

Due to the complexities of sovereign immunity and FTCA lawsuits, it is crucial for victims’ families to act swiftly and seek experienced legal counsel to preserve their claims.

Who Else May Be Liable? Expanding the List of Defendants

Beyond the FAA and ATC negligence, other entities may also share responsibility:

  • American Airlines: Investigations are ongoing to determine if pilot error or operational oversight contributed to the collision.
  • Metropolitan Washington Airports Authority (MWAA): As the operator of DCA, MWAA’s role in ensuring airport safety protocols and infrastructure will be scrutinized.
  • Aircraft Manufacturers: If mechanical failures or design flaws in either the airplane or helicopter are identified, manufacturers could be held liable.
  • U.S. Military: The Black Hawk helicopter was conducting a routine training flight related to emergency evacuations for senior government officials. The coordination and execution of this flight will be examined.

By investigating every possible angle, we aim to ensure that all liable parties are held accountable and that families receive the justice they deserve.

Families Deserve Justice – How Oliver-Zhang Law Can Help

At Oliver-Zhang Law, we have extensive experience handling high-profile wrongful death and aviation negligence cases. We understand that legal action is not just about compensation—it’s about preventing future tragedies.

What We Offer:

  • Decades of Experience: Our team has a proven track record in complex litigation against government agencies and large corporations.
  • Expert Aviation Investigators: We collaborate with specialists to thoroughly analyze the causes of aviation accidents.
  • Relentless Legal Advocacy: We are committed to holding all negligent parties accountable to ensure justice for our clients.

If you or a loved one has been affected by this tragedy, do not wait—legal deadlines for filing claims are strict.

Contact Us Today:

Final Thoughts: The Fight for Safer Skies

The DCA plane and helicopter collision was not an isolated incident—it was the tragic result of systemic failures. Holding negligent parties accountable is essential to improving aviation safety and preventing another catastrophe.

At Oliver-Zhang Law, we fight for justice, accountability, and real change. If you’re seeking legal representation, reach out today.

Justice starts with action. Let’s take it together.

This article is for informational purposes only and does not constitute legal advice.

Holding Negligent Authorities Accountable for the DCA Plane and Helicopter Collision

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By Julie Oliver-Zhang, Esq.

The tragic mid-air collision near Washington, D.C.’s Reagan National Airport (DCA) was not an unpredictable accident—it was a catastrophe that experts had been warning about for years. With one of the most congested airspaces in the country, a takeoff or landing nearly every minute, and the added complexities of military air traffic, DCA has long been flagged as a high-risk airport. Yet, despite repeated warnings, the authorities responsible for air safety—the Federal Aviation Administration (FAA), the Metropolitan Washington Airports Authority (MWAA), and airline operators like American Airlines—failed to take the necessary measures to prevent this disaster. Now, lives have been lost, and grieving families are left to bear the consequences of institutional negligence.

DCA: A Known Hazard, Repeatedly Ignored

DCA’s perilous conditions are not new information. Reports have surfaced over the years highlighting its overcrowded airspace and dangerously high traffic volume. There have been at least three near-miss incidents in the past few years, underscoring the mounting risks. Senator Tim Kaine and other officials had previously raised concerns about the growing air traffic at DCA, warning that without intervention, a collision was inevitable. Instead of implementing stricter air traffic control measures or limiting the airport’s volume, decision-makers allowed the risks to escalate, endangering both passengers and crew members.

Moreover, the FAA, which is responsible for ensuring national air safety, has been criticized for failing to implement stronger regulations to manage air congestion at DCA. These failures directly contributed to this preventable disaster. If decisive action had been taken when warnings were issued, lives could have been saved.

Shifting Blame: The Dangerous Rhetoric of Political Deflection

Aviation safety should never be a partisan issue. Yet, instead of focusing on the systemic failures that led to this tragedy, President Trump and his administration have already attempted to deflect responsibility by falsely blaming diversity, equity, and inclusion (DEI) initiatives for the crash. This rhetoric is not only unfounded but also dangerously misleading. The head of the MWAA, John E. Potter, and the FAA Administrator, Michael Whitaker, are both white men—appointed long before DEI policies gained political scrutiny. The attempt to scapegoat diversity efforts instead of holding accountable those who ignored repeated safety warnings is a deliberate strategy to divert public attention away from real failures in governance and aviation safety.

This type of narrative is not just misleading—it actively prevents real solutions. Instead of making necessary reforms, those in power are using racist dog whistles to shift blame and avoid responsibility. The focus should not be on DEI, but on why government agencies and airline operators ignored years of safety concerns, leading to this deadly crash.

Every traveler who passes through DCA deserves to trust that their safety is a priority. Every life lost in this crash was preventable, and every family deserves justice. By shifting blame onto DEI rather than addressing the actual risks that led to this tragedy, leadership is failing not just the victims, but all future passengers who rely on this airport.

Legal Action: Seeking Justice for the Victims

The families affected by this crash deserve justice. The law provides pathways to hold negligent entities accountable through civil litigation. Victims and their families may have legal claims against:

  • The FAA for failing to regulate and mitigate known safety risks at DCA.
  • The MWAA for failing to take adequate steps to manage dangerous levels of air traffic.
  • American Airlines for potential operational failures that may have contributed to the collision.
  • Other government and regulatory agencies whose inaction led to the loss of life.

Legal action is not just about financial compensation—it is about accountability. When agencies and corporations know they will face serious consequences for negligence, they are more likely to implement reforms that prevent future disasters.

How We Can Help

At Oliver-Zhang Law, PLLC, we are prepared to assist victims and their families in pursuing justice. We have extensive experience holding powerful institutions accountable, and we are committed to ensuring that no family suffers in silence. Our experience in class action lawsuits and wrongful death cases against government entities, drug companies, and Fortune 500 corporations can be leveraged to assist the families of victims in this case.

If you or a loved one were affected by this tragedy, we urge you to reach out. We can assess your case, discuss your legal options, and fight for the justice you deserve. Contact us at (202) 643-1110 or email us at [email protected] to schedule a consultation.

Demand Accountability. Demand Justice.

This disaster was preventable, and those responsible must be held to account. We will not allow institutions to hide behind political distractions while families suffer. It is time for action, and we are here to help you take the next step toward justice.

Sources: https://www.wsj.com/business/airlines/plane-crash-helicopter-washington-explained-6e8f82f6; https://nypost.com/2025/01/31/us-news/staffing-shortages-plagued-reagan-airport-before-dc-plane-crash-lawmakers-say/; https://www.theguardian.com/us-news/2025/jan/31/reagan-national-airport-congested-airspace

Trump Administration’s Executive Order to End Birthright Citizenship Sparks Controversy

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By Rachel Wei, Esq.

On his first day in office, President Trump signed a controversial executive order aimed at ending birthright citizenship for children born in the United States to undocumented immigrants or individuals with temporary lawful presence, such as tourists or students. This sweeping move directly targets approximately 150,000 children born annually in the United States and has ignited widespread debate and legal challenges.

What is the Argument?

The Trump administration argues that the Citizenship Clause of the 14th Amendment does not guarantee citizenship to children born to non-citizens. They claim that the original intent of the Amendment was to exclude undocumented immigrants and individuals with temporary legal status.

However, the overwhelming majority of legal scholars and constitutional experts refute this interpretation. They point to the landmark 1898 Supreme Court decision in United States v. Wong Kim Ark, which unequivocally established that children born on U.S. soil to non-citizen parents are entitled to American citizenship under the 14th Amendment. Wong Kim Ark, born in San Francisco to immigrant parents, was denied reentry to the U.S. after visiting China, as officials claimed he wasn’t a U.S. citizen. In a landmark 1898 decision, the Supreme Court upheld his citizenship under the 14th Amendment, establishing that individuals born in the U.S. are citizens regardless of their parents’ immigration status. This precedent has long been regarded as a cornerstone of U.S. citizenship law and is widely viewed as binding constitutional doctrine.

Legal Challenges Ahead

The executive order has already faced significant legal opposition. Twenty-two (22) Democratic-led states, the District of Columbia, and numerous civil rights organizations have filed lawsuits challenging the order, asserting that it violates the 14th Amendment and U.S. constitutional law.

The Citizenship Clause, a foundational element of the Constitution, guarantees birthright citizenship to all individuals born on U.S. soil, regardless of the immigration status of their parents. Legal experts contend that no executive action or legislation can override this constitutional guarantee.

Broader Implications

If upheld, the executive order could have far-reaching consequences, impacting the rights and futures of countless families and children. It raises broader questions about the balance of power between the executive branch and the judiciary, as well as the enduring strength of constitutional protections. Many fears that such a precedent could erode other long-standing rights protected by the Constitution.

Standing Up for Justice

At Oliver-Zhang Law, we remain steadfast in our commitment to defending the rights and dignity of all individuals, regardless of their immigration status. We believe that every person deserves fair treatment under the law and will continue to fight for justice in the face of such challenges.

If you or someone you know is affected by immigration-related issues or needs guidance on how these potential changes may impact them, we are here to help. Please don’t hesitate to reach out to us at (202) 643-1110 or [email protected] for personalized support. Our doors are open, and our commitment to seeking justice for all remains unwavering.

H-1B Cap-Exempt Final Rule Change in 2025

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January 15, 2025

By Rachel Wei, Esq. and Julie Oliver-Zhang, Esq.

Cap-Exempt H-1B Just Got Better: New H-1B Modernization Rule Explained

On January 17, 2025, the Department of Homeland Security (DHS) will implement the H-1B Modernization Final Rule, introducing significant flexibilities for nonprofit and governmental research organizations. This development makes it easier for U.S. organizations to unlock the potential of international talent, especially for those navigating the H-1B cap-exempt process.

What Does “Cap-Exempt” Mean?

The U.S. Congress caps H-1B visas annually at 65,000, with an additional 20,000 visas reserved for individuals holding advanced degrees from U.S. institutions. However, certain petitions are exempt from this cap. Specifically:

  • Nonprofit organizations affiliated with universities.
  • Governmental research organizations.
  • Nonprofit research organizations.

This exemption allows eligible employers to bypass the H-1B lottery process, providing greater flexibility in hiring skilled foreign professionals.

Can Cap-Exempt H-1B Applications Be Filed Year-Round?

Absolutely! Unlike cap-subject H-1B petitions, cap-exempt H-1B applications can be filed at any time during the year. There’s no need to wait for the H-1B registration window or hope for lottery selection. This flexibility makes cap-exempt petitions an ideal solution for organizations that want to hire international talent immediately.

What’s New with the H-1B Modernization Final Rule?

The H-1B Modernization Final Rule introduces pivotal changes to the cap-exempt H-1B process, enabling more organizations and beneficiaries to qualify for exemptions:

  • Expanded Definition of Qualifying Organizations:
    • DHS has updated the definitions of “nonprofit research organization” and “governmental research organization.”
    • The terms “primarily engaged” and “primary mission” have been replaced with “fundamental activity.”
    • Nonprofit entities or governmental research organizations that conduct research as a fundamental activity—regardless of whether research is their primary focus—now qualify for the H-1B cap exemption.
      • Nonprofit Research Organizations Example:  A nonprofit hospital that conducts medical research as a fundamental activity, even if its primary mission is patient care.
        Governmental Research Organizations Example: A state agency that engages in environmental research as a fundamental component of  its operations, though its primary mission may be regulatory enforcement.
        Examples of Qualifying Organizations Under the New Rule
      • Eligibility for Indirect Employment:
        • Beneficiaries who are not directly employed by a qualifying organization may still qualify for a cap exemption.
        • To qualify, they must spend at least 50% of their time contributing to the fundamental mission or objectives of the exempt organization.

These changes significantly broaden the eligibility criteria for cap-exempt H-1B petitions, making it easier for U.S. nonprofits and research entities to hire international professionals.

Why Choose Oliver-Zhang Law for Your Cap-Exempt H-1B Needs?

At Oliver-Zhang Law, we are experienced with assisting nonprofit and governmental research organizations with H-1B cap-exempt petitions. Our team has a proven track record of guiding employers through the complexities of the process, ensuring compliance with evolving regulations.

Whether you are hiring researchers, educators, healthcare professionals, or advisors, we provide:

  • Eligibility Assessment: Determining whether your organization and employees meet cap-exempt criteria.
  • Document Preparation: Compiling and submitting a strong, evidence-backed petition.
  • Expert Guidance: Staying informed about USCIS updates and ensuring compliance with the new H-1B rules.
  • Seamless Support: Making the entire process stress-free for your organization.

Contact Us Today

Take advantage of the new H-1B Modernization Rule and bring top global talent into your organization. Contact Oliver-Zhang Law for personalized, expert assistance:

📞 Call: 202-643-1110
📧 Email: [email protected]

Virginia Hospital Indicted Over Unnecessary Surgeries: A Wake-Up Call for Patient Vigilance

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January 14, 2024

By Julie Oliver-Zhang, Esq.

Virginia Hospital Indicted Over Unnecessary Surgeries: A Wake-Up Call for Patient Vigilance

In a significant legal development, Chesapeake Regional Medical Center in Virginia has been indicted on federal charges of healthcare fraud and conspiracy. The indictment alleges that the hospital facilitated unnecessary surgeries performed by Dr. Javaid Perwaiz, an obstetrician-gynecologist who conducted irreversible hysterectomies and improper sterilizations on numerous women without medical necessity. These procedures, driven by a profit motive, left many patients sterile and were reimbursed by programs like Medicare and Medicaid. Despite being aware of Dr. Perwaiz’s prior misconduct, including a history of performing unnecessary surgeries and a guilty plea to federal tax fraud charges in 1996, the hospital granted him privileges from 1984 until his arrest in 2019. During this period, the hospital received $18.5 million in reimbursements for procedures he performed. Dr. Perwaiz was sentenced to 59 years in prison in 2021. The hospital is scheduled for arraignment on January 22, 2025, and has stated its intention to contest the charges. 

Reuters

Implications for Patients

This case underscores the critical importance of patient vigilance in healthcare settings. To safeguard against unnecessary or harmful medical procedures, patients should consider the following steps:

  • Seek Second Opinions: Before undergoing significant surgical procedures, especially those that are irreversible, obtaining a second opinion can provide confirmation of the necessity and appropriateness of the recommended treatment.
  • Research Healthcare Providers: Investigate the background and reputation of healthcare providers and institutions. Resources such as state medical boards and online reviews can offer valuable insights into a provider’s history and patient satisfaction.
  • Ask Questions: Engage in open communication with your healthcare provider. Understand the reasons behind recommended procedures, potential risks, and alternative treatment options.
  • Be Aware of Red Flags: Be cautious if a provider recommends immediate surgery without exploring less invasive options, or if they dismiss your concerns about the necessity of a procedure.

Legal Recourse

Victims of unnecessary medical procedures have the right to seek legal recourse. Medical malpractice laws are designed to protect patients from negligent or unethical practices by healthcare providers. If you believe you have been subjected to unnecessary medical treatment, consulting with a qualified medical malpractice attorney can help you understand your rights and options.

Conclusion

The indictment of Chesapeake Regional Medical Center serves as a stark reminder of the potential consequences when healthcare providers prioritize profit over patient care. Patients must remain vigilant, informed, and proactive in their healthcare decisions to protect themselves from unnecessary and potentially harmful medical interventions.

Understaffing at Kaiser Permanente: A Pitfall for Medical Malpractice?

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By Julie Oliver-Zhang, Esq.

January 10, 2025

Understaffing at Kaiser Permanente: A Pitfall for Medical Malpractice?

In October 2023, over 75,000 Kaiser Permanente healthcare workers initiated a three-day strike across multiple states, including the District of Columbia, to protest chronic understaffing and its detrimental impact on patient care.

AP News

The Coalition of Kaiser Permanente Unions emphasized that persistent staffing shortages have led to increased workloads, employee burnout, and compromised patient safety. A survey conducted by the Alliance of Health Care Unions revealed that 95% of Kaiser Permanente workers believe understaffing negatively affects patient care and access.

UFCW Local 400

Understaffing in healthcare settings can lead to:

  • Delayed Treatments: Patients may experience longer wait times, resulting in the progression of medical conditions.
  • Medication Errors: Overworked staff are more prone to mistakes in medication administration.
  • Inadequate Monitoring: Critical changes in patient conditions may go unnoticed without sufficient staffing.

These issues can increase the risk of medical malpractice, as healthcare providers may fail to meet the standard of care required for patient safety.

In response to the strike, Kaiser Permanente reached a tentative agreement with the unions, promising to address staffing concerns and improve working conditions.

The Hill

Patients receiving care during periods of understaffing should:

  • Stay Informed: Be aware of ongoing labor disputes that may affect healthcare services.
  • Advocate for Themselves: Communicate concerns to healthcare providers and seek second opinions if necessary.
  • Seek Legal Counsel: If substandard care is suspected, consult with a medical malpractice attorney to explore legal options.

The recent labor disputes at Kaiser Permanente highlight the critical need for adequate staffing in healthcare facilities to ensure patient safety and prevent potential medical malpractice.

Sources:

Kaiser Permanente Workers Strike Over Staffing Concerns

No H-1B Visa Lottery Necessary for Institutes of Higher Education, Affiliated Non-Profits, and Government Agencies for Research

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By Jessabelle M. Koppelman, Esq. and Julie Oliver-Zhang, Esq.

If you have the right employer sponsor, you can apply for an H1b visa anytime of the year and have no need to win a spot in the H-1B lottery. Every year, USCIS sets aside 85,000 H-1B visas that are subject to the lottery process. But did you know that some organizations are exempt from the cap? Qualifying organizations do not need to undergo random selection to compete for limited H1b visas. Indeed, federal law allows certain organizations to forego the lottery process, specifically:

  1. Institutions of higher education;
  2. Non-profit organizations related to or affiliated with an institution of higher education;
  3. Non-profit research organizations; and
  4. Government research organizations.

See INA § 214(g)(5)(A)-(B).

Determining if your organization is exempt from the H-1B visa cap can be tricky. Let’s take a look at some of the fundamental characteristics of institutions of higher education and related or affiliated non-profits.

Institution of Higher Education

USCIS relies on the Higher Education Act of 1965’s definition of “institution of higher education.” Under the Act, key characteristics of a college university are:

  • Admits students with a certificate of graduation from a school that provides secondary education, or the equivalent;
  • Authorized in the State to provide an educational program beyond secondary education;
  • Provides an educational program that awards a bachelor’s degree or provides at least a two (2) year program that is acceptable towards a bachelor’s degree;
  • Is a public or other non-profit institution; and
  • Is accredited or pre-accredited.

Related to or Affiliated

The definition of an institute of higher education is clearly outlined, but how USCIS determines that a non-profit is “related to or affiliated” with such institutes is not as clear. To qualify for an H1b visa cap exemption, a non-profit petitioner can demonstrate that they are affiliated or related to an institution of higher education if they can prove at least one of the below prerequisites. Generally, that the non-profit is:

  • Associated through mutual ownership or control by the same board or federation;
  • Is operated by an institution of higher education; or
  • Is attached to an institution of higher education as a member, branch, cooperative, or subsidiary.

Non-profits need to provide proof that they qualify for this exemption. Some evidence that USCIS may consider includes but is not limited to, By-Laws and Articles of Incorporation, IRS 501(c)(3) Designation Letter, documentation listing the mutual Board of Directors members, and agreements between the non-profit and institute.

Oliver-Zhang Law’s immigration attorneys recognize that the H-1B visa process can be confusing. That’s why our professionals are committed to guiding you every step of the way. We even provide free immigration consultations for individuals and companies that want to learn more about H-1B visas.

Contact us today to inquire about our immigration services. Call our experienced H1B attorneys ready to provide you with the best services at (202) 643-1110 or email us at [email protected]. We look forward to working with you.

Dependents of H-1B Visa Holders are Permitted to Enter and Remain in the United States

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By Jessabelle M. Koppelman


The H-1B visa registration period is open and ready for entries to the H1b lottery! The online account creation process began on February 21st for Fiscal Year 2023. This temporary employment program allows foreign nationals to join the U.S. workforce in a variety of fields. Past H-1B visa holders have had the opportunity to work at some of the top companies in the U.S., such as Ernst & Young, Facebook, IBM, Google, Microsoft, Amazon, and more. Another benefit of the H-1B visa program is that an H-1B worker can bring their family with them to the United States. USCIS allows the visa holder’s spouse and children to enter and stay in the U.S.


Specifically, approved H-1B beneficiaries can request that their spouses and unmarried children under the age of twenty-one (21) obtain H-4 status. H-4 status allows these dependent family members to stay with the H-1B visa worker in the U.S. Below are some important things to note about H-4 status.

  • Employment for H-4 Dependents: Generally, spouses of H-1B visa holders are not authorized
    to work in the U.S. However, there are two (2) instances where the dependent may apply for
    employment authorization through Form I-765, Application for Employment Authorization. H-4
    dependent spouses may be permitted to work in the U.S. if the H-1B visa holder:
    • Is the principal beneficiary of an approved Immigration Petition for Alien Worker (Form
      I-140); or
    • Was granted “H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21).” This means that the H-1B worker has been granted an extension of stay beyond the six (6) year period because their employer has filed Form I-140 or permanent labor certification if a year has passed since the filing.

      Please note that the H-4 dependent spouse is not authorized to start work until USCIS approves Form I-765.
  • Duration of Stay: H-4 status relies on the H-1B visa holder’s standing. Thus, H-4 status terminates when the worker’s H-1B status terminates. H-1B visas are valid for up to three (3) years and may be extended for an additional three (3) years. Six (6) years in the maximum duration period for an H-1B visa holder.

    With the H-1B visa, foreign nationals do not have to choose between working in the U.S. and being with their families. H-1B season is here and moving quickly. To learn more about important dates and steps, click here.

    It is best to consult a professional to help you navigate the H-1B visa process. Oliver-Zhang Law is here to help you every step of the way. Our immigration lawyers will work hard to help you secure an H-1B visa and are available to assist you with your other immigration needs. Call us today at (202) 643-1110 or email us at [email protected] for a free immigration consultation. We service employers and individuals in the Virginia, Maryland, District of
    Columbia, and Washington state areas, as well as nationwide.

H-1B Visa Denial Rates Are at an All Time Low

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By Jessabelle M. Koppelman, Esq.

During the Trump Administration, we witnessed H-1B visa denial rates skyrocket with the passage of restrictive immigration policies. For example, former President Trump implemented policy instructing USCIS officers to stop giving deference to previously approved petitions when reviewing H1b visa extensions. Fortunately, President Biden has rescinded this policy during his administration

As some Trump immigration policies phase out, USCIS has drastically reduced H1b visa denials. Forbes reported that for fiscal year (“FY”) 2021, the denial rate fell to 4% for new H1b visa petitions. This trend is great news for U.S. companies looking to temporarily employ foreign nationals as diversifying your work force can lead to greater results and new ideas. Let’s take a look at how these numbers changed:

From FY 2017 to FY 2020, the average denial rate for new H1b visa petitions was just over 17%.
For FY 2018, denial rates rose all the way up to 24%.

FISCAL YEARDENIAL RATE
202013%
201921%
201824%
201713%

These numbers are high compared to the Obama Administration’s initial H1b visa denial rates.

FISCAL YEARDENIAL RATE
201610%
20156%
20148%
20137%

The same pattern is also true for continuing employment petitions (extensions for previously approved visas) as the denial rate was only 2% for FY 2021 – much lower than previous years.

FISCAL YEARDENIAL RATE
20207%
201912%
201812%
20175%

We recently saw less interest in the temporary work program. For FY 2021, USCIS received 274,237 H1b visa registrations. This number rose to 308,613 for FY 2022. The global pandemic also greatly hindered employment-based immigration positions.

The Biden Administration is taking steps towards reforming the H1b visa program. On January 21, 2022, they announced that the U.S. Department of Homeland Security expanded the list of degrees included in the STEM field that qualify for the Optional Practical Training program. To read how this expansion positively impacts H1B visas, click here.  

With H-1B visa petition submissions returning to normal, it is imperative that your initial application is in good condition. Our experienced immigration lawyers are here to assist you with the H1b visa process and the best legal services with dedicated attorneys. Oliver-Zhang law offers free immigration consultations. To speak with one of our immigration attorneys, please email us at [email protected]  or call us at 202-643-1110. H1b account registration has already begun, so call us today!