DHS proposes to grant spouses of H-1B workers employment authorization

The Department of Homeland Security (DHS) proposes to grant employment authorization to certain H-4 dependent spouses of H-1B workers in the United States if they are in the process of applying for permanent residence.  Currently, H-4 dependents are authorized to live in the U.S. but are not allowed to work for pay. Under this proposal,  the H-4 dependent spouse of an H-1B worker would be authorized to work if:

1) The principal H-1B nonimmigrant is the beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140), or

2) The principal H-1B nonimmigrant has been granted an extension of his/her authorized period of stay in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21).

The proposal will be published in the Federal Register and open to public comments for 60 days before it can be implemented.