看来给H4发EAD的提案又是个遥遥无期的事了# EB23 - 劳工卡
f*n
1 楼
律师的newsletter里的意思，基本上就是7月11号结束公众质询期，然后DHS会回去重新
改草案，最早要2015年以后才会执行。
DHS Proposes Work Authorization for H-4 Dependents
On May 11, 2014, the Department of Homeland Security (DHS) U.S. Citizenship
and Immigration Services proposed a rule that would allow certain H-4
dependent spouses of H-1B nonimmigrants to apply for work authorization.
Under the proposition the availability of work authorization would be
limited to H-4 dependent spouses of principal H-1B nonimmigrants who are in
the process of seeking lawful permanent resident status through employment;
specifically, those whose H-1B spouses are either the beneficiaries of an
approved Immigrant Petition for Alien Worker (Form I-140) or who have been
granted an extension of their authorized period of admission in the United
States beyond six years under the American Competitiveness in the Twenty-
first Century Act of 2000 (AC21). So, effectively, this would allow H 4
spouses to apply for work authorization in the following situations:
1. Those whose spouse has a labor certification or employer petition (I
140) which is over 365 days old, and the H1B spouse has obtained an
extension of H status as a result;
2. Those whose spouse has an approved employer petition, but is in a
backlogged category (generally, those in the EB 3 preference, and EB 2's
born in China or India whose spouse is also born in one of those places; and
3. Those whose spouse has an approved employer petition that is not in a
backlogged category, but who is not able to obtain work authorization
through concurrent filing of an application for adjustment of status (I 485)
. For example, the I 485 was denied, or the spouse is simply unable to file
for any reason.
The rule is subject to public comment prior to July 11, 2014. After that
time DHS will consider making revisions to the rule before it is finalized
and becomes effective, likely sometime in 2015, but there is no guaranteed
timeframe.
The rule recognizes that the lack of employment authorization for H-4
dependent spouses often gives rise to personal and economic hardship for the
families of H-1B nonimmigrants the longer they remain in the United States.
It is a move to facilitate the retention of highly educated and highly
skilled nonimmigrant workers in the United States by U.S. employers. "In
this rule, DHS is proposing to extend employment authorization to certain H-
4 dependent spouses of H-1B nonimmigrants. DHS believes that this proposal
would further encourage H-1B skilled workers to remain in the United States,
continue contributing to the U.S. economy, and not abandon their efforts to
become lawful permanent residents, to the detriment of their U.S. employer,
because their H-4 nonimmigrant spouses are unable to obtain work
authorization."
改草案，最早要2015年以后才会执行。
DHS Proposes Work Authorization for H-4 Dependents
On May 11, 2014, the Department of Homeland Security (DHS) U.S. Citizenship
and Immigration Services proposed a rule that would allow certain H-4
dependent spouses of H-1B nonimmigrants to apply for work authorization.
Under the proposition the availability of work authorization would be
limited to H-4 dependent spouses of principal H-1B nonimmigrants who are in
the process of seeking lawful permanent resident status through employment;
specifically, those whose H-1B spouses are either the beneficiaries of an
approved Immigrant Petition for Alien Worker (Form I-140) or who have been
granted an extension of their authorized period of admission in the United
States beyond six years under the American Competitiveness in the Twenty-
first Century Act of 2000 (AC21). So, effectively, this would allow H 4
spouses to apply for work authorization in the following situations:
1. Those whose spouse has a labor certification or employer petition (I
140) which is over 365 days old, and the H1B spouse has obtained an
extension of H status as a result;
2. Those whose spouse has an approved employer petition, but is in a
backlogged category (generally, those in the EB 3 preference, and EB 2's
born in China or India whose spouse is also born in one of those places; and
3. Those whose spouse has an approved employer petition that is not in a
backlogged category, but who is not able to obtain work authorization
through concurrent filing of an application for adjustment of status (I 485)
. For example, the I 485 was denied, or the spouse is simply unable to file
for any reason.
The rule is subject to public comment prior to July 11, 2014. After that
time DHS will consider making revisions to the rule before it is finalized
and becomes effective, likely sometime in 2015, but there is no guaranteed
timeframe.
The rule recognizes that the lack of employment authorization for H-4
dependent spouses often gives rise to personal and economic hardship for the
families of H-1B nonimmigrants the longer they remain in the United States.
It is a move to facilitate the retention of highly educated and highly
skilled nonimmigrant workers in the United States by U.S. employers. "In
this rule, DHS is proposing to extend employment authorization to certain H-
4 dependent spouses of H-1B nonimmigrants. DHS believes that this proposal
would further encourage H-1B skilled workers to remain in the United States,
continue contributing to the U.S. economy, and not abandon their efforts to
become lawful permanent residents, to the detriment of their U.S. employer,
because their H-4 nonimmigrant spouses are unable to obtain work
authorization."
