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.
UPDATE (MAY 9 2014): It looks like the rule will be published on May 12 and the comment period will end 60 days later.
Any predictions on when this will be implemented?
ReplyDeleteThe regulation is expected to be released shortly. Once it is released we will immediately announce it.
ReplyDeletedoes it have to get approved first or is it final and be implemented soon?
ReplyDeleteWe will know for certain once the rule is published.
ReplyDeleteIt 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?
ReplyDeleteI do think that he will be able to get the EAD.
ReplyDeletemy 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
ReplyDeleteYour lawyer should be able to get you proof of filing.
ReplyDelete