Tuesday, May 6, 2014

MANY H-4s NOW ALLOWED TO GET EADs

As expected the Department of Homeland Security has just issued a press release announcing that some H-4 nonimmigrants will be allowed to apply for EAD (Employment Authorization Documents) cards.  H-4 nonimmigrants are spouses of H-1B workers.  The EAD cards will allow H-4 spouses to work in any occupation.  This is a major change that has been considered for several years.

In order to qualify for the EAD card the principal H-1B worker must have either:
1. An approved I-140; or
2. A PERM Application (Labor Certification) that has been pending for at least one year.

This proposed rule will help many H-4 spouses who are prohibited from working because of retrogression.  At a press conference this morning, the DHS indicated that 97,000 H-4 spouses would be immediately eligible for the EAD.  It is an enormous step in the right direction and DHS and Deputy Secretary Alejandro Mayorkas deserves praise for their effort to produce a meaningful, well-thought out rule aimed at treating fairly the people who are playing by the rules. 

UPDATE (MAY 9 2014): It looks like the rule will be published on May 12 and the comment period will end 60 days later. 

8 comments:

  1. Any predictions on when this will be implemented?

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  2. The regulation is expected to be released shortly. Once it is released we will immediately announce it.

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  3. does it have to get approved first or is it final and be implemented soon?

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  4. We will know for certain once the rule is published.

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  5. It says that the eligibility requires approved I140 or extension beyond 6 years of H1b. We have an approved I140 from a previous employer but ported the PD to a new employer, although PERM is still pending for 6 mos, do you think my spouse would be qualified to have one?

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  6. I do think that he will be able to get the EAD.

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  7. my perm application is turning 1 year by end of may and its still under audit and currently the PD is january 2013. my question is that what should i get hold on to say that my perm application is 1 year so my wife could apply for a job? thanks

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  8. Your lawyer should be able to get you proof of filing.

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