Regs Out to End the “Curse” of the H4

In May 2014, the Obama Administration announced a plan to allow spouses of H1-B holders to work while living in the US. We’ve been watching the Obama administration’s progress towards ameliorating the “cursed” status of H4 spouses.

Now the regs out out! Starting May 26, 2015, certain H4 spouses will be eligible to work.

H4 work authorization is tied to whether the H1B spouse is seeking LPR status and has either: (i) an approved Immigrant Petition for Alien Worker (Form I-140), or (ii)  H1B status under the American Competitiveness in the Twenty-first Century Act of 2000, as amended by the 21st Century Department of Justice Appropriations Authorization Act.

The goals of the new program are to:

reduce personal and economic burdens faced by H-1B nonimmigrants and eligible H-4 dependent spouses during the transition from nonimmigrant to LPR status. The final rule will also support the goals of attracting and retaining highly skilled foreign workers and minimizing the disruption to U.S. businesses resulting from H-1B nonimmigrants who choose not to pursue LPR status in the United States. By providing the possibility of employment authorization to certain H-4 dependent spouses, the rule will ameliorate certain disincentives for talented H-1B nonimmigrants to permanently remain in the United States and continue contributing to the U.S. economy as LPRs. This is an important goal considering the contributions such individuals make to entrepreneurship and research and development, which are highly correlated with overall economic growth and job creation. The rule also will bring U.S. immigration policies concerning this class of highly skilled workers more in line with those of other countries that are also competing to attract and retain similar highly skilled workers.

For a less rosy look at H4 spouses (and the family violence that can result from their “tied” immigrant status – something these regs do not change), do check out immprof Sabrina Balgamwalla’s article Bride and Prejudice.

-KitJ