The Department of Homeland Security (“DHS”) recently proposed a rule that would allow certain spouses of H-1B workers to apply for employment authorization in the United States. Click here to view the full text of the rule.
Currently, spouses of H-1B workers cannot engage in employment if they have an H-4 dependent status. An employer’s goal of attracting highly-skilled workers from abroad and retaining them as employees is often complicated by the fact that someone who is dependent on these highly-skilled workers might resist coming to the U.S. where he or she cannot work as well. Particularly, this impacts foreign nationals from certain countries where there is a several-year backlog to become a permanent resident.
Under the proposed rule, certain H-4 spouses could request employment authorization when their H-1B principal reaches a certain point in the permanent residency process. The H-4 spouses who would benefit from this rule include two groups:
- Spouses of H-1B workers who are the beneficiaries of approved Form I-140 petitions; and
- Spouses of H-1B workers who have been granted an H-1B extension beyond the six-year limit under the American Competitiveness in the 21st Century Act of 2000.
According to DHS, the number of H-4 dependent spouses initially eligible under the proposed rule may be up to 100,600 individuals, with as many as 35,900 more people eligible every year.
For more information, please contact Natalie Murphy at 317-977-1481 or nmurphy@wp.hallrender.com, Michael Kim at 317-977-1418 or mkim@wp.hallrender.com or your regular Hall Render attorney.
Special thanks to Grace Shelton, Law Clerk, for her assistance with preparation of this posting.
