The Department of Homeland Security (DHS) proposed changes altering work authorization qualifications for spousal dependents of H-1B visa beneficiaries, or H-4 dependents. The proposal itself doesn’t change the law or revoke existing employment authorization. It just eliminates the regulatory basis eligible spouses use for requesting employment authorization.
Background
H-4 status does not grant work authorization. In 2015, the government adopted a rule allowing certain spouses, the H-4 visa is available only to spouses of H-1B holders, qualify for work permits if their H-1B spouse has either:
- An approved I-140 petition.
- Renewed their H-1B beyond the 6 years allowed under AC-21.
Prior to this rule, these individuals could not legally work in the U.S. The policy aimed to ease the financial burden on families facing what Newsweek describes as a green card wait that often lasts for years.
Possible Impact of the Proposal
If implemented, the rule would prevent H-4 spouses who fall into the categories described above from obtaining work authorization, forcing many families to live on a single income while they wait through a green card backlog that often lasts a decade or more. Please note that this DOES NOT AFFECT the employment-based green card process directly, nor does this kill the path to permanent residency. The employment authorization document issued to H-4 workers is a way to obtain authorization to work during the long wait for a green card.
This is only a proposal on an agenda, no official rules have been published and DHS has made no indication of a time frame on when this could potentially happen. If you currently have an H-4 EAD that is approved, you may continue to work until your permits expire. We recommend waiting until DHS or USCIS posts an official Proposed Rule instead of commenting on the agenda itself.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.