NewsFlash! DHS Releases Details on Proposed Rules for H-4 Employment Authorization

On May 6, 2014, the Department of Homeland Security (DHS) issued a press release that provides details on the proposed rule that would allow certain H-4 spouses to obtain employment authorization. This rule, which will soon be published in the Federal Register, would allow H-4 spouses to apply for employment authorization if the H1B worker and H-4 spouse are the beneficiaries of an approved I-140 immigrant petition; or, if they have been granted an extension of stay based upon the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) (i.e. Extension of H1B status beyond 6 years based upon a pending green card case).

As noted in the MurthyDotCom NewsBrief, Shedding Light on Planned Proposal for Employment Authorization for Select H-4s (09.Apr.2014), the rule change is still only a proposal, at this point. Unless the proposed rule successfully makes it through the entire rulemaking process, it will have no impact on the ability of H-4 spouses to obtain work authorization. Further, at this time, there is no way to know how long the rulemaking process may take. Stay tuned to MurthyDotCom for more information, as it becomes available.

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