DHS Proposes H-4 Employment Authorization

The Department of Homeland Security (DHS) has published a proposed rule available for public comments that would allow certain eligible H-4 dependent spouses to apply for employment authorization. An H-4 visa is for the spouses and children under 21 years of age of H-1B visa holders, who are employed in the United States in specialty occupations. DHS touts this possible regulatory change as an important way to alleviate the economic burdens that dependent spouses of principle H-1B holders face. Another important benefit could be easing the transition from nonimmigrant to lawful permanent resident status. The possibility of employment authorization would be limited to H-4 visa dependent spouses where the principal H-1B spouse is the beneficiary of an approved I-140 EB visa petition and where the H-1B spouse has been granted a post-6th year H-1B extension under the American Competitiveness in the 21st Century Act.

DHS announced this proposed rule as a possibility over a year ago. The ostensible reason for authorizing H-4 dependents for employment is to increase retention of highly skilled H-1B workers in the United States. One of the pressing problems, which is mentioned frequently in the public comments section, is that the wait for long-term permanent residence is lengthy. This may also have the effect of encouraging the entry of H-4 eligible spouses who were separated from their H-1B spouses in order to continue their own careers in the United States. The public comments contain many personal stories of immigrants and their spouses facing problems that this proposed rule would help solve, such as talented spouses who were excelling in their careers in their home country being precluded from practicing their professions in the United States. Opposition to the proposed rule focuses on concern that U.S. citizens will be laid off in favor of cheaper labor. Immigrants have expressed concerns their fear that H-4 holders will end up working in low-skilled position in restaurants and gas stations, rather than pursuing their career paths.

The public comment was made available on May 12 and comment period will end on July 11. If you would like to add your own comment, you may here.