12 May 2014
Category News Room
12 May 2014,

The Department of Homeland Security published a proposed rule today which would allow certain H-4 dependents to obtain work authorization in the U.S. The Department of Homeland Security views this change as a means to reducing the financial burden the families of H-1B specialty workers, who in some instances must wait several years for an immigrant visa to become available to them. By allowing H-4 spouses to work in the U.S. employers will be better positioned to retain their H-1B workers by reducing the financial burden on their families while they go

The rule would allow H-4 dependent spouses of principal H-1B nonimmigrants who are in the process of seeking lawful permanent resident status through employment. This will include H-4 dependent spouses of H-1B nonimmigrants if:

    1. The H-1B principal is the beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140), or
    2. The H-1B principal has been granted an extension of their authorized period of admission in the U.S. under the American Competitiveness in the Twenty-first Century Act of 2000 (also known as AC21).

The proposed rule is published in the Federal Register – you can access it here. Comments are being accepted until July 11, 2014.

**This newsletter is provided for information purposes only, and is not intended to provide legal advice.**

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