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EAD Work Authorization for Some H-4 Spouses Coming Soon?

For years it has been frustrating that spouses of those in L-1 status (L-2s) were authorized to work in the U.S. but spouses of those in H-1B status (H-4s) did not have that same privilege. It has affected how we analyze non-immigrant work options and affected L-2s whose L-1 spouse was running out of L-1 time before a priority date became current and therefore had to change to H-1B status.

That may change soon as some H-4 spouses may be eligible for work authorization in certain situations.

There are rumblings that CIS may be finalizing a rule that will allow work authorization for H-4s if their H-1B spouse has an approved I-140 process and has extended their H-1B status beyond six years under AC21 because of the current green card backlog problem.

See:

http://www.reginfo.gov/public/servlet/ForwardServlet?SearchTarget=RegReview&textfield=1615-AB92

We will have to see if this becomes a reality.


Regards,


Andrew M. Wilson, Esq.
Serotte Wilson, LLP
awilson@srwlawyers.com


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