Employment Authorization for H4s

No final decision has been made yet by the government regarding employment authorization for spouses of H-1B visa holders. Since the government’s current proposal would only benefit a relatively small number of H-4 spouses, the American Immigration Lawyers’ Association submitted an excellent comment to the proposed rule-making that recommends the employment authorization be extended to all H-4 spouses, regardless of whether they have filed for green cards.

Also recommended was that the government extend the eligibility for work authorization to children of H-1Bs. This would bring us more in line with the policies of other Western countries, and would certainly help achieve the stated goal of the proposal which is “to encourage H-1B skilled workers to remain in the United States, continue contributing to the U.S. economy, and not abandon their efforts to become lawful permanent residents, to the detriment of their U.S. employer, because their H-4 nonimmigrant spouses are unable to obtain work authorization.”

| Employment Authorization, Nonimmigrant