DHS Details Proposed Rules for H-4 Employment Authorization
On May 6th, the Department of Homeland Security (DHS), via a press release, announced the publication of two proposed rules, including a rule to extend employment authorization to certain H-4 spouses. Under the existing rules, spouses of H-1B workers are not employment authorized and the DHS proposes to amend its regulations to extend employment authorization to H-4 spouses of H-1B workers who are beneficiaries of an approved Form I-140 Immigrant petition or has been granted an extension of their authorized period of stay in the U.S. based upon American Competitiveness in the Twenty-first Century Act of 2000 (AC21) that permits H-1B extensions beyond 6 year period.
The new rules will soon be published in a Federal Register followed by a 60-day public comment period that could lead to changes. The proposed rules have to go through the rule-making process before the final rules are published and go into effect. DHS encourages the public to comment on the proposed rules through www.regulations.gov.
We are very encouraged to see these proposals from DHS. Sharma Law Offices will track the progress of the rule-making process and will post updates for our readers once information is made available to us.