The WhiteHouse yesterday has announced a series of notable improvements to the nation’sbusiness immigration scheme. The mainone of interest to readers of this blog will be that certain H-4 visa holders willbe authorized to receive employment authorization cards (EAD cards). These EAD cards will allow these H-4 workersto work at any US employer for the duration of the validity of the card. The period of validity is expected to mirrorthe H-1 primary Beneficiary’s period of validity.
However the press releaselimits the work authorization to “spouses of certain high-skill workers on H-1Bvisas.” The press release does not define “high-skillworkers” and so it is unclear if the White House means STEM workers, all H-1Bworkers, or some other definition.
A 2012U.S. Department of Homeland Security – Retrospective Review of Existing Regulations– Progress Report sought to extend employment authorization to H-4dependent spouses of H-1B nonimmigrants “who have begun the process of seekinglawful permanent resident status through employment and have extended theirauthorized period of admission or “stay” in the United States under theAmerican Competitiveness in the Twenty-First Century Act of 2000 (AC21).” MU Law firstnoted this Report in December 2012.
That language appearedto limit H-4 EAD authorization only to spouses of H-1Bs who were stuck in theirH-1B beyond six years because of retrogression. It remains to be seen what the White House means by this latest press release. Nonetheless yesterday’s announcement clearlyis a step in a positive direction.