New rule have been proposed to provide work authorization EAD for H4 Visa holders in certain conditions.
This is part of initiative to Attract And Retain Highly Skilled Immigrants.
- Provide work authorization for spouses (H4 Visa) of certain H1B holders.
This proposed change to the current DHS regulation would allow certain spouses of H-1B visa holders to legally work while their visa holder spouse waits for his or her adjustment of status application to be adjudicated.
- February 2014 – USCIS haven’t implemented this rule or made any progress. It’s still listed in their Rule Making Agenda.
Specifically, employment will be authorized for H4 visa dependent spouses of principal H-1B visa holders who have begun the process of seeking lawful permanent resident status through employment after meeting a minimum period of H-1B status in the U.S. This effort will help retain talented professionals who are valued by U.S. employers and who seek to contribute to our economy.
EAD for H4 Visa
Here is more detailed information on who will be qualified under new proposed H4 work option rule
This means that if the H4 Visa souse’s whose principal H1B Visa holder have spent less than 6 years in H1B cannot get EAD.
At a minimum, a PERM labor certification or I-140 would have to have been filed, and even approved to qualify for the 3 year H extension, if less than 365 days had elapsed since submission.
For instance, a person named John, who is working on H1B in USA for 1 year, gets married. Wife Anita, get H4 visa and comes to USA.
Anita (H4 spouse) will not be eligible to get EAD under this new rule right away.
In order for Anita to get EAD for H4 Visa, she must wait for John to complete 5 more years in H1B for a total of 6 years.
As part of the same initiative, New OPT Rules – Changes to 17 Months STEM OPT have been proposed.
Stay tuned for more updates on this new proposed EAD for H4 visa rules.