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H-4 Dependent Spouses Breathing a Little Easier

By Paul W. Virtue & Grace Shie on February 2, 2021
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As anticipated and indicated in our “heat map” of immigration actions during the first 100 days in office, the Biden administration has withdrawn a rule proposed by the Trump administration that would have eliminated work authorization for the H-4 spouses of certain H-1B visa holders.  The decision to withdraw the rule will allow the H-4 dependent spouse of an H-1B nonimmigrant who:

  • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Has been granted an extension of their H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21)

to continue to file Form I-765, Application for Employment Authorization for an Employment Authorization Document (EAD).  Under AC21 § 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for immigrant worker (Form I-140) has been filed on the nonimmigrant’s behalf.  According to a Cato Institute analysis published last summer, an estimated 90,000 H-4 spouses, some 87 percent of whom are Indian nationals, hold work authorization under the Obama-era regulation. The Trump administration had signaled shortly after the 2017 inauguration that it was planning to do away with H-4 work authorization, thus sowing seeds of uncertainty and fear within the Indian nonimmigrant community.  The swift action by the Biden administration has put those fears to rest for now.

Photo of Paul W. Virtue Paul W. Virtue
Read more about Paul W. VirtueEmail
Photo of Grace Shie Grace Shie

Grace Shie is a partner in Mayer Brown’s Washington DC office and a member of the Employment & Benefits group focusing on global mobility and immigration. She advises multinational companies on employee mobility and management of the work corps across the globe, including…

Grace Shie is a partner in Mayer Brown’s Washington DC office and a member of the Employment & Benefits group focusing on global mobility and immigration. She advises multinational companies on employee mobility and management of the work corps across the globe, including in major financial centers and emerging markets. Grace’s background includes five years in Hong Kong where she managed a top-ranked immigration practice covering Greater China and coordinated matters for clients in the Asia-Pacific region. Grace, who is fluent in Mandarin, continues to maintain a practice focus on inbound expatriate movement into China and Hong Kong, as part of Mayer Brown’s new global worksite initiative. In addition, she has a longstanding command of US immigration and manages global immigration matters across all worldwide regions.

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Read more about Grace ShieEmail
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  • Posted in:
    Immigration
  • Blog:
    The Mobile Workforce
  • Organization:
    Mayer Brown
  • Article: View Original Source

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