Monday, December 17, 2012

USCIS Has Just Commenced a Process Seeking White House Approval for H-4 Employment Authorization Proposed Rule

  • What a wonderful news for the H-1B professional families! USCIS has just initiated the rule making process for proposed H-4 employment authorization rule. Hats off to the USCIS leaders!!
  • As we published last year, this rule proposes extending the availability of employment authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). Allowing the eligible class of H-4 dependent spouses to work encourages professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies.
  • It is going to take a little bit of time for this proposed rule to complete the rule-making process, but it is a fantastic news that after over a year since the plan was published in the Fall 2011 Semi-Annual Rule Making Agenda, the agency is finally starting to implement it from a stage of a plan to actual rule-making process.

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