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ARTICLE · 08 JANUARY 2013

DHS Proposes To Extend Work Authorization To H-4 Spouses Of H-1B Workers

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The U.S. Department of Homeland Security ("DHS") has proposed to amend its regulations by extending the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants.

United StatesGovernment, Public Sector
Geetha Adinata
Geetha Adinata
Charlie Roach
Charlie Roach
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Executive Summary:  The U.S. Department of Homeland Security ("DHS") has proposed to amend its regulations by extending the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants. 

The proposed group of H-4 spouses who would be eligible for work authorization are those whose H-1B spouses are in the process of seeking lawful permanent resident status through employment and have extended their H-1B status beyond six years on that basis.  Thus, under the proposed terms, an H-4 spouse whose H-1B spouse has not extended his/her H-1B status beyond 6 years based on an employment-based green card process will not be eligible to apply for an employment authorization document (EAD). 

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