Proposal for employment authorization for H-4 spouses

On May 6, 2014, the Department of Homeland Security (DHS) issued a press release that provides details on the proposed rule that would allow certain H-4 spouses to obtain employment authorization.

The rule would allow H-4 spouses to apply for employment authorization if:

the H1B worker and H-4 spouse are the beneficiaries of an approved I-140 immigrant petition;


if they have been granted an extension of stay based upon the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) (i.e. Extension of H1B status beyond 6 years based upon a pending green card case).

This is still only a proposal. DHS sources expect that it could be enacted as early as December 2014.


There are no products