Department of Homeland Security (DHS) announced the publication of
two proposed rules, including a rule to extend employment authorization
to spouses of certain H-1B workers, and a proposal to enhance
opportunities for certain groups of highly-skilled workers by removing
obstacles to their remaining in the United States.
Proposed Rule to Extend Employment Authorization to Spouses of Certain H-1B Workers
This proposed rule will amend existing regulations to allow H-4
dependent spouses of certain principal H-1B workers to request
employment authorization.
U.S. businesses use the
H-1B program
to employ foreign workers in specialty occupations that require
theoretical or technical expertise in specialized fields such as
science, engineering or computer programming. Frequently, employers
will petition for an immigrant visa for an H-1B worker, which enables
individuals to become lawful permanent residents. Lawful permanent
residents are generally eligible to become naturalized U.S. citizens
after five years.
Under existing regulations, DHS does not extend employment
authorization to dependents (also known as H-4 nonimmigrants) of H-1B
nonimmigrant workers. The change proposed by DHS, would allow H-4
dependent spouses of certain H-1B nonimmigrant workers to request
employment authorization, as long as the H-1B worker has already started
the process of seeking lawful permanent residence through employment.
