DHS Announcement regarding H-4 Dependents

By: Shelley Grant, Esq.  I’ve been receiving inquiries about the DHS announcement that H-4 dependents will be eligible for work authorization.  The Department of Homeland Security announced on May 6, 2014 that they are proposing a new rule that would allow certain H-4 dependents of H-1B principals to obtain work authorization.  However, this proposal will be limited to H-4 dependents whose spouses have an approved Petition for Alien Worker (Form I-140) or have sought an extension of their H-1B status because their Labor Certification has been pending for more than one year.  This is only a proposal — H-4 dependents are not eligible to file for work authorization at this time.  If a final regulation is published we will provide an update.  If you have questions about the proposal you can contact me at shelley@bagiaimmigration.com.