Proposed H-4 Employment Authorization Rule

[rupen86]

Seems, some things have already started happening.

From Oh Law Firm,

12/11/2012: BRAVO! USCIS Has Just Commenced a Process Seeking White House Approval for H-4 Employment Authorization Proposed Rule!

What a wonderful news for the H-1B professional families! USCIS has just initiated the rule making process for proposed H-4 employment authorization rule. Hats off to the USCIS leaders!!
As we published last year, this rule proposes extending the availability of employment authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). Allowing the eligible class of H-4 dependent spouses to work encourages professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies.
It is going to take a little bit of time for this proposed rule to complete the rule-making process, but it is a fantastic news that after over a year since the plan was published in the Fall 2011 Semi-Annual Rule Making Agenda, the agency is finally starting to implement it from a stage of a plan to actual rule-making process. We have the best leadership in the INS/USCIS history!

[redsox2009]

Nice article in POLTICO

Crafting a boom economy
http://dyn.politico.com/printstory.cfm?uuid=55F59122-520B-4C54-925D-0E5C296F75D2

It hightlighted four topis, TAX, Spending cuts, Natural resources and STEM.

I hope, in D.C. STEM bill is still in the discussions.

[PD2008AUG25]

....who have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21)....

Am I reading it right? Is it just for spouses of H1Bs who have filed I-485 and using AC21?

[vizcard]

Am I reading it right? Is it just for spouses of H1Bs who have filed I-485 and using AC21?

No. Those spouses would already have EADs while applying for 485.


Seems, some things have already started happening.

From Oh Law Firm,

12/11/2012: BRAVO! USCIS Has Just Commenced a Process Seeking White House Approval for H-4 Employment Authorization Proposed Rule!

What a wonderful news for the H-1B professional families! USCIS has just initiated the rule making process for proposed H-4 employment authorization rule. Hats off to the USCIS leaders!!
As we published last year, this rule proposes extending the availability of employment authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). Allowing the eligible class of H-4 dependent spouses to work encourages professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies.
It is going to take a little bit of time for this proposed rule to complete the rule-making process, but it is a fantastic news that after over a year since the plan was published in the Fall 2011 Semi-Annual Rule Making Agenda, the agency is finally starting to implement it from a stage of a plan to actual rule-making process. We have the best leadership in the INS/USCIS history!

So the spouses or significant others of anyone with a
(1) I140 applied or
(2) with Labor in process AND past 6 yrs are eligible.

It sounds like the spouses or significant others of someone with just Labor in process AND under 6 yrs will not be eligible.

[seahawks2012]

Does this also grant EAD to primary applicant of the Green Card I-140 application?

[Spectator]

Does this also grant EAD to primary applicant of the Green Card I-140 application?No.

Only the H4 spouse is eligible and only then if the H1B holder has extended their H1B beyond 6 years under the AC21 provisions (PERM more than 365 days or I-140 approved and PD not Current).

[letheQ]

No.

Only the H4 spouse is eligible and only then if the H1B holder has extended their H1B beyond 6 years under the AC21 provisions (PERM more than 365 days or I-140 approved and PD not Current).

When a rule is initiated , it has to be published in Federal Register and the FR citation# should be updated in the FR cite coloumn . But I am seeing this field empty .

Where should we provides the comments and what's the status of this rule now?

All, please share the updates.

[seahawks2012]

Seems like a broken rule where it takes dependency on the Green Card processing and grants EAD for H-4 but:
1. Doesn't grant EAD for Green Card's primary applicant
2. Doesn't grant EAD for Spouse of Green Card's primary applicant if he/she is on H1-B

[Spectator]

Seems like a broken rule where it takes dependency on the Green Card processing and grants EAD for H-4 but:
1. Doesn't grant EAD for Green Card's primary applicant
2. Doesn't grant EAD for Spouse of Green Card's primary applicant if he/she is on H1-BIt's akin to the L1/L2 situation.

In that case, the L1 does not get an EAD and if the spouse of an L1 has their own H1B, they don't get EAD either.

For both L1 and H1B, they already have Employment Authorisation via their visa and in both cases it is specific to the job the visa was sponsored for.

What you are really talking about is the benefit from having an I-485 filed.

What I do see is missing is that O3 visa holders would still get no benefit.

[girish989]

The rule is now part of the EO 12866 : Pending EO 12866 Regulatory Review

It still has lots of stages to go through...see the stages rule making process:

http://regulationroom.org/learn-more/stages-of-the-rulemaking-process/#.UMiXC6zsJnM


Do any one know how long it would take and how probable it is for the rule to become a law.

Thank you in advance.

[PD2008AUG25]

The rule is now part of the EO 12866 : Pending EO 12866 Regulatory Review

It still has lots of stages to go through...see the stages rule making process:

http://regulationroom.org/learn-more/stages-of-the-rulemaking-process/#.UMiXC6zsJnM


Do any one know how long it would take and how probable it is for the rule to become a law.

Thank you in advance.

People throw out 90 days period. But if you look at federal register website, they are whole bunch of rules from 2009 or 2010 never made it past "Proposed Rule" stage. Besides agency head can extend review indefinitely. I am not sure why these lawyers (Oh and Shah Peerally) are so bullish.

[girish989]

THank you for the response - do you by any chance know the % of bills that go into this stage and come out of it -

I found this dashboard - http://www.reginfo.gov/public/jsp/EO/eoDashboard.jsp
I am not sure about how to read it though ..

[vishnu]

http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201210&RIN=1615-AB92

Interesting that the rule link has been updated to now reflect 03/00/13.

More importantly it now has the link for public comments, so they are absolutely involved in the rule making process now.

[girish989]

Hello Vishnu - last time - http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201110&RIN=1615-AB92

they had a date of - 01/00/2012

Do you know why it is different this time around ?

[merche123]

Here is another pebble in the pond. http://www.thehindu.com/news/international/us-may-allow-h1b-spouses-to-work-during-green-card-wait/article4295300.ece?homepage=true

Feels like this article was written taking into account my situation in the last couple of months as going-to-be H-4 spouse. We are kind of mentally ready to bid adieu to the US if I have to be stuck in that position and then this comes along. Should I feel genuinely excited? Rhetorical question I guess.

[gten20]

DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants
http://www.dhs.gov/news/2014/05/06/dhs-announces-proposals-attract-and-retain-highly-skilled-immigrants

[helooo]

Hi Guys,
It is not appropriate thread,you can move this.Good news for H4 folks DHS has changed rule and going to provide EAD for certain H4 folks.

http://www.dhs.gov/news/2014/05/06/dhs-announces-proposals-attract-and-retain-highly-skilled-immigrants

[gten20]

Hi Guys,
It is not appropriate thread,you can move this.Good news for H4 folks DHS has changed rule and going to provide EAD for certain H4 folks.

http://www.dhs.gov/news/2014/05/06/dhs-announces-proposals-attract-and-retain-highly-skilled-immigrants

It's a proposal... I believe. Hopefully, it will be enacted quickly.

[qesehmk]

Sounds like a very welcome news. Almost all backlogged GC applicants' spouses will benefit from this. Basically you need to have an approved 140. And the spouse will be eligible for an EAD even without you filing for 485.

[tatikonda]

For few of us, you are struggling with broken immigration process...
Here is the Light at end of the tunnel..

http://www.dhs.gov/news/2014/05/06/dhs-announces-proposals-attract-and-retain-highly-skilled-immigrants

[cancer24]

Many people including myself will welcome this with wide arms.

One dumb question - with EAD, can spouses work for any employer or does it have to be same employer of the primary I140 applicant? Looks like I need to catch up my EAD knowledge soon.

[qesehmk]

any employer cancer24 and as many employers at the same time as s/he wants.

Many people including myself will welcome this with wide arms.

One dumb question - with EAD, can spouses work for any employer or does it have to be same employer of the primary I140 applicant? Looks like I need to catch up my EAD knowledge soon.

[cancer24]

Awesome! Hope it gets enacted soon.

What happens next? Is the process same like any other bill or there are any quicker ways to put it in effect?

[qesehmk]

So this is not a bill. This is an administrative fix that appears to be within the rights of an administration to enact.

They could've just gone ahead and done with it. But understandably they want to hear from American people. If there is very strong backlash and criticism they might not go ahead with this. My uneducated judgement is that this has 70-80% chance of getting through.


Awesome! Hope it gets enacted soon.

What happens next? Is the process same like any other bill or there are any quicker ways to put it in effect?

[PD2008AUG25]

Awesome! Hope it gets enacted soon.

What happens next? Is the process same like any other bill or there are any quicker ways to put it in effect?


It will follow rule making process, first publish the rule to federal register, wait for public comments (60 days?), review comments, revise rules, optionally extend review periods etc etc. Since they chose public comments, it should at least take 6 months. It can languish at any step in process and may never go anywhere. Just remember that, similar rule was published 2 years go, it didn't go anywhere. I would only believe it when it is implemented.

[PD2008AUG25]

. This process typically takes about 60 days but Mayorkas said “it is our intent to review the comments most expeditiously and publish the rule very quickly thereafter in light of its importance to American competitiveness and the growth of our economy.”

Maybe this time they are serious and will expedite the process.

[gten20]

Maybe this time they are serious and will expedite the process.

http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201310&RIN=1615-AB92


Alternatives: An alternative considered by DHS was to permit employer authorization for all H-4 dependent spouses. In enacting AC21, Congress was especially concerned with avoiding the disruption to U.S. businesses caused by the required departure of H-1B workers (for whom the businesses intended to file employment-based immigrant visa petitions) upon the expiration of workers' maximum six-year period of authorized stay. Although the inability of an H-4 spouse to work may cause an H-1B worker to consider departing from the United States prior to his or her eligibility for an H-1B extension. This alternative was rejected in favor of the proposed process to limit employment authorization to the smaller sub-class of H-4 nonimmigrants who intend to remain in the United States permanently and who have been granted an extension of H status under the provisions of AC21.

Looks like they have had discussions on this since last 3 years or so and this is the latest one which they seem to agree on.
http://www.reginfo.gov/public/do/eAgendaViewRule?RIN=1615-AB92

[gten20]

http://www.thedailybeast.com/articles/2014/05/06/obama-administration-proposes-new-immigration-rules-without-congress.html


Tuesday is the latest move by the Obama administration to make immigration policy changes in lieu of Congress enacting real reform. Easing restrictions on a relatively small number of very specifically skilled, foreign-born workers might not be exactly what immigration reform advocates, who have been calling on Obama to make deportation policies more humane, were looking for. But given Congressional Republicans’ likelihood to kill comprehensive immigration reform at the first sign of any executive action that might be perceived as weakening border security, the proposed changes announced Tuesday seem carefully, and cleverly, calculated.

we will know in a couple months if its just another posturing move by Obama to get GOP to act on CIR. It's a game of chess and we are the pawns.. your move GOP (... FOX News???)!

[idiotic]

http://www.thedailybeast.com/articles/2014/05/06/obama-administration-proposes-new-immigration-rules-without-congress.html



we will know in a couple months if its just another posturing move by Obama to get GOP to act on CIR. It's a game of chess and we are the pawns.. your move GOP (... FOX News???)!

Ranking member and possibly next Senate Judiciary committee chairman (Immigration head) cries foul :) What else you expect from GOP? By this time everyone must have understood they just want status quo or any change which reduces overall immigration(legal and illegal).. Period..
http://thehill.com/regulation/205369-grassley-cries-foul-over-immigration-regs

[srimurthy]

I was looking at an article on yahoo for the same:
http://news.yahoo.com/obama-administration-proposes-bypassing-congress-immigration-reforms-214700062.html

And it mentions that " departments of Homeland Security and Commerce announced two proposals that would allow up to 100,000 high-skilled undocumented immigrants to stay, legally, in the U.S"

Not sure how the H4 spouses are being considered as Undocumented Immigrants. Not sure if this is a mistake by the writer.


http://www.thedailybeast.com/articles/2014/05/06/obama-administration-proposes-new-immigration-rules-without-congress.html



we will know in a couple months if its just another posturing move by Obama to get GOP to act on CIR. It's a game of chess and we are the pawns.. your move GOP (... FOX News???)!

[tatikonda]

As anticipated, This rule is cleared by OMB yesterday night ...

From Ohm Law..
http://www.immigration-law.com/

This long-delayed "proposed rule" was cleared last night by the OMB and ready for publication by the DHS. Please stay tuned.
It is hoped that the final rule making process will follow the same speedy process as witnessed in the DHS & OMB's actions yesterday such that employment-based immigrant community and U.S. employers see a bright sunshine through their windows in the very near future

[skpanda]

Most Americans do not understand the difference between Legal and Illegal Immigrants. Unfortunately even media people also do not know the difference.

For them anybody who is not a US Citizen/Green Card Holder is Illegal.

The reporter of the Yahoo link has no clue that all the people who will benefit from this proposal are in the US on a VALID LEGAL VISA.





I was looking at an article on yahoo for the same:
http://news.yahoo.com/obama-administration-proposes-bypassing-congress-immigration-reforms-214700062.html

And it mentions that " departments of Homeland Security and Commerce announced two proposals that would allow up to 100,000 high-skilled undocumented immigrants to stay, legally, in the U.S"

Not sure how the H4 spouses are being considered as Undocumented Immigrants. Not sure if this is a mistake by the writer.

[gcq]

Most Americans do not understand the difference between Legal and Illegal Immigrants. Unfortunately even media people also do not know the difference.

For them anybody who is not a US Citizen/Green Card Holder is Illegal.

The reporter of the Yahoo link has no clue that all the people who will benefit from this proposal are in the US on a VALID LEGAL VISA.

Here is the contact details of this knowledgeable author: Danielle Wiener-Bronner - danielle@thewire.com
Also find the contact details of editors of "The Wire".

http://www.thewire.com/contact/

Write to this journalist and news editor to fix this misleading article.

[gten20]

Here is the contact details of this knowledgeable author: Danielle Wiener-Bronner - danielle@thewire.com
Also find the contact details of editors of "The Wire".

http://www.thewire.com/contact/

Write to this journalist and news editor to fix this misleading article.

I wrote an email. Let's see if she follows up.

[gs1968]

According to the NY Times the DHS hopes to issue a final ruling by the end of the year

http://www.nytimes.com/2014/05/07/us/politics/us-plan-aims-to-draw-immigrants-with-technology-skills.html?smv2&_r=0

[gten20]

Here is the contact details of this knowledgeable author: Danielle Wiener-Bronner - danielle@thewire.com
Also find the contact details of editors of "The Wire".

http://www.thewire.com/contact/

Write to this journalist and news editor to fix this misleading article.


I wrote an email. Let's see if she follows up.

The article has been updated.

[gcq]

The article has been updated.
Cool. Thanks for the effort.


Correction: An earlier version of this article incorrectly used the word "undocumented" to describe those affected by the proposed rules, which affect employment.

[qesehmk]

Kudos to you both - gcq and gten. A lot of people talk but you guys actually did something.

[srimurthy]

Kudos to you both - gcq and gten. A lot of people talk but you guys actually did something.

Awesome guys. This shows that when we see some disputed info and share here, can can contribute our 2 cents to ensure right information is reported.

[gten20]

"Employment Authorization for Certain H–4 Dependent Spouses" is open for comments.

http://www.regulations.gov/#!documentDetail;D=DHS_FRDOC_0001-1215

[dec2010]

Analysis of comments splunk4good (go bigdata!)
http://eregulations.splunk4good.com/en-US/app/regulations.gov/regulations_explorer?form.docket=Allowing%20Certai n%20H-4%20Dependent%20Spouses%20to%20Apply%20for%20Emplo yment%20Authorization&form.agency=*

Report
http://www.computerworld.com/s/article/9249304/Many_comments_on_new_H_1B_rule_but_few_are_unique_ ?source=toc

Source - the oh law

[srimurthy]

Source - the oh law

12/17/2018: The U.S. Court of Appeals for the District of Columbia Circuit Handed Down a Decision Today on H-4 EAD Repeal Lawsuit.
the court in Save Jobs USA v. DHS, 1:15-cv-00615-TSC, December 17, 2018, denied the Save Jobs USA's motion to expedite the decision and at the same ordered that the Immigration Voice's motion to intervene in the pending lawsuit. The Court also decided to remove the case from abeyance which has delayed the court proceeding and granted the motion to schedule briefing and oral argument. The court thus ordered the Clerk to enter a briefing schedule.

Source - the oh law

[srimurthy]

12/17/2018: The U.S. Court of Appeals for the District of Columbia Circuit Handed Down a Decision Today on H-4 EAD Repeal Lawsuit.
the court in Save Jobs USA v. DHS, 1:15-cv-00615-TSC, December 17, 2018, denied the Save Jobs USA's motion to expedite the decision and at the same ordered that the Immigration Voice's motion to intervene in the pending lawsuit. The Court also decided to remove the case from abeyance which has delayed the court proceeding and granted the motion to schedule briefing and oral argument. The court thus ordered the Clerk to enter a briefing schedule.

Source - the oh law

H4-EAD Revoke has been withdrawn by Biden admin.
https://www.reginfo.gov/public/do/eoDetails?rrid=128849

Congrats everyone.