IS H-4 EAD WORK AUTHORIZATION ON THE HORIZON?

An Executive Order Review Search reveals that the USCIS may be finalizing a rule that will allow work authorization for H-4 spouses if they have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313 (American Competitiveness in the Twenty-First Century Act of 2000 or AC21).

 

This proposal was first prominently suggested in May 2012 in the U.S. Department of Homeland Security Retrospective Review of Existing Regulations – Progress Report.  Most people, MU Law included, did not think that action would come quickly, if ever, in spite of an official White House Response to a petition for such authorization earlier this year.  Nonetheless, this authorization is long overdue and it is encouraging that President Obama’s administration is following through on its promises to produce favorable uncontroversial immigration legislation and regulation.