H-4 Work Authorization and More

Limited H-4 Work Authorization Begins Today

USCIS begins accepting limited H-4 dependent employment authorization application today. This announcement was made three months ago and the Notice and Comment process occurred last summer. USCIS is altering its priorities to ensure that these applications are adjudicated in a timely fashion.

This is not work authorization for all H-4 dependents of H-1B visa holders. H-4 dependent children are forbidden from employment. The majority of H-4 dependents are not allowed to apply for employment authorization. It is limited to those H-4 dependent spouses whose H-1B principals have an approved I-140 petition or have H-1B status through AC21 106(a) and (b) status (American Competitiveness in the 21^st Century Act, which allows for an H-1B visa holder to extend the six year limit of H-1B status with a pending I-140 application). The H-1B visa is a dual intent nonimmigrant visa. Although it is a nonimmigrant visa, a holder does not need to have nonimmigrant intent. An employer can file an I-140 application for Permanent Residence. There are 140,000 immigrant visas available each year through the employment-based path.

In other employment immigration news, employment-based visa modernization has been added to the regulatory agenda. The rudiments at the moment indicate that, “DHS proposes to allow certain approved Immigrant Petition for Alien Worker (Form I-140) beneficiaries to obtain work authorization, clarify the meaning of portable work authorization, and remove unnecessary restrictions on the ability to change jobs or progress in careers, as well as provide relief to workers facing lengthy adjustment delays.” Please be aware that this does not mean rulemaking is imminent.