The U.S. Department of Homeland Security (USDHS) has proposed to amend its regulations to make available work authorization to select H-4 dependent spouses. The proposal would give employment authorization to H-4 dependents of principal H-1B nonimmigrants who have begun the process of seeking permanent residency through employment and have extended their authorized period of stay in the U.S. under section 104(c) or 106(a) of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). The review process of the proposed amendment could take 60 to 90 days to complete, and it may then take additional time for the USDHS to issue proposed regulations. It may be months before a final regulation is passed allowing the U.S. Citizenship and Immigration Services (USCIS) to issue employment authorization to qualified H-4 dependents.
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Proposal to allow H-4 dependent spouses to apply for employment authorization
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