Thread: DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence


Release Date: February 24, 2015

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.

Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” Rodríguez said. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:


Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.


DHS expects this change will reduce the economic burdens and personal stresses H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status, and facilitate their integration into American society. As such, the change should reduce certain disincentives that currently lead H-1B nonimmigrants to abandon efforts to remain in the United States while seeking lawful permanent residence, which will minimize disruptions to U.S. businesses employing them. The change should also support the U.S. economy because the contributions H-1B nonimmigrants make to entrepreneurship and science help promote economic growth and job creation. The rule also will bring U.S. immigration policies more in line with those laws of other countries that compete to attract similar highly skilled workers.

Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.

USCIS estimates the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years. USCIS reminds those potentially eligible that this rule is not considered effective until May 26, 2015. Individuals should not submit an application to USCIS before the effective date, and should avoid anyone who offers to assist in submitting an application to USCIS before the effective date.

For more information on USCIS and its programs or about this rule and filing procedures, please visit uscis.gov or follow us on Facebook (/uscis), Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.


Last Reviewed/Updated: 02/24/20

by Caroline May
24 Feb 2015

U.S. Citizenship and Immigration Services plans to extend eligibility to certain H-4 dependent spouses of H-1B nonimmigrations for work permits as part of President Obama’s executive amnesty.

Tuesday, USCIS Director León Rodríguez announced that beginning May 26 such spouses, could apply for and be eligible for work permits.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” Rodríguez said in a statement. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents.”

“It also provides more economic stability and better quality of life for the affected families,” he added.

The move comes as Congress considers a DHS funding bill that would defund Obama’s executive amnesty.

“Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014,” USCIS explained in a release. “Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.”

USCIS is estimating that the number of immigrants who might be eligible for work permits under this program would be about 179,600 in the first year and 55,000 each following year.

http://www.breitbart.com/big-governm...nonimmigrants/

Oh no, oh hell no. This just doubles the impact of fraudulent H1B visas used by companies firing American workers and replacing them with H1B visa holders. This government is rotten to the core, corrupt as any mob organization, worse really since at least the Mob had an Honor Code.

And Congress wants to fund this DHS outfit responsible for this? Why would any American want to fund 1 cent of our money or authorize any fees to underwrite the issuance of work permits to foreign persons of any type from anywhere that replace American workers or prevent the hiring of American workers just entering these fields like college graduates or retrained workers moving up?

Republicans, not a dime, not a single red cent to this corrupt Department. Hold the line. Stand your ground. Meanwhile get busy passing a bill that puts a 10 year Moratorium on all new immigration. We can not under any circumstance trust DHS to do its job, to abide the law, or serve, represent or protect the interests of US citizens. Not a dime. And the Coast Guard needs to be moved back to the US Department of Transportation so it is never ever again intertwined with immigration issues.

Who are these people in DHS? Are they Americans or foreign workers employed by DHS on visas? Is this why we see such treason? Are they not American citizens in DHS? And that "amnesty contact" that was canceled that would have hired hundreds of new workers, was that a foreign contract with a labor network to hire foreign workers? How do we find out? The name of the vendor wasn't mentioned in the Washington Times article and I've been searching to find it, but so far have not been able to do so.