Bill to Allow L and E Dependents to Work
Posted Jul 20, 2001

The Immigration Subcommittee of the U.S. House of Representatives (House) approved two bills on June 27, 2001 that would allow certain spouses holding dependent E or L visas to work in the U.S. Of course, before a bill can become law, it must be passed by the full House, and then a similar bill must be passed in the Senate, any differences reconciled, and finally the President must sign the bill. Still, these bills are a very positive first step to recognize the current reality that most spouses wish to be employed. As many readers are aware, most dependent visa holders are not allowed to work, though there are some notable exceptions, namely J-2s and certain dependents of A and G visa holders. It is unclear why only the E and L categories were included in these new bills, and not other spouses, such as H-4 dependents of H1B holders.

The two bills, numbered H.R. 2277 and 2278, were both introduced by Representative George Gekas, Republican from Pennsylvania, who is the Chairman of the subcommittee. H.R. 2777 would allow dependents of E-1 and E-2 treaty traders and investors to work in the U.S., and H.R. 2778 would allow L-2 spouses of L-1 holders to work. The impetus behind the bills is apparently to facilitate the recruitment of international personnel, as the inability of spouses to work may deter executives and others from accepting assignments in the U.S.

An additional provision in H.R. 2778 would also ease the transfer of L-1 workers to the U.S. Currently, in order to qualify for an L-1 the employee (executive, managerial, or specialized knowledge) must have worked for the foreign company for one year within the three years prior to coming to the U.S. The bill would reduce that period from one year to six months.

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