H-4 Dependent Spouses to Have Work Authorization

By Melissa N. Salvador

HOUSTON: Employment authorization is permitted by the spouses of the principal beneficiaries in L-1 and E-1/E-2 nonimmigrant visa status. However, such a benefit has not been accorded to those who are the spouses of H-1B principal beneficiaries. Now the Obama administration is seeking to change that rule albeit solely to a very narrow group of spouses in H-4 status.
On May 6, 2014, the Department of Homeland Security (“DHS”) announced a proposed rule “to extend employment authorization to spouses of certain H-1B workers. Eligible individuals would include H-4 dependent spouses of principal H-1B workers who:
Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or Have been granted an extension of their authorized period of stay in the United States under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) as amended by the 21st Century Department of Justice Appropriations Authorization Act. AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United Status beyond a six-year limit.”
Thus, this proposed rule applies only to those spouses whose H-1B principal beneficiary’s employer is in the process of filing for lawful permanent resident status on behalf of the principal beneficiary and his or her family.
While this is welcomed relief for H-4 dependent spouses, and especially those who will have to endure waiting several years before an immigrant visa becomes available, H-4 spouses to whom this narrowly proposed rule does not apply are still left with sacrificing their own careers by not working upon arriving in the United States or obtaining their own H-1B visa in order to continue their careers and work to provide for their families.
The proposed rule is not final and is currently in the notice and comment period, which ends on July 11, 2014.
This article is solely for informational purposes, is not legal advice, and does not create an attorney-client relationship.

Melissa N.salvador is an Immigration Attorney based in Southeast Houston, Texas. MN Salvador Law Firm • 281-299-0708 • www.salvadorlawfirm.com.