Work Authorization Coming for Certain H-4 Dependents of H-1Bs

The Department of Homeland Security announced today that it is opening for comment rules that will ultimately allow certain H-4 dependents to apply for work authorization.

As proposed, eligible individuals would include H-4 dependent spouses of principal H-1B workers who:

a.) Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or

b.) 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 States beyond the six-year limit.

This is a move in the right direction, albeit to a limited group.  If the DHS’s goal is to attract and retain highly skilled workers, there’s a strong argument for opening up work authorization for **all** H-4 dependents. In today’s economy, many couples will not move somewhere unless both can work.

The Government also announced a proposed rules update for E-3 Australian and H-1B1 workers. These are professionals similar to the H-1B workers.  Perhaps most notably, the agency now intends to allow persons in that status the 240 day grace period of work authorization which is permitted for other nonimmigrant work categories.  The Government also proposes to modify its rules on evidence for EB-1 Outstanding Professors and Researchers.

For the full DHS announcement, visit here: