The Department ofHomeland Security has formally proposed theH-4 EAD rule. The rule, if passed asdrafted, will allow H-4 spouses of H-1B holders to obtain EAD employmentauthorization. Several major news publications,including Bloomberg BNA, have picked up on the news. MU Law attorney Chris Musillo was interviewedfor theBloomberg article.
DHS estimates thatthis rule will allow about 100,000 H-4 spouses to obtain work authorization, representinga tiny proportion of the overall workforce (0.0647%), and that figure assumesthat every single possible H-4 spouse immediately files for the work authorization.
On the other handthe enactment of the regulation will provide tangible benefits for the H-4 spouseswho will be able to enter the labor market earlier than they would haveotherwise been able to due to lack of visa availability. The DHScontinues,
While there would be obvious financialbenefits to the H-4 spouse and the H-1B nonimmigrant’s family, there is alsoevidence that participating in the U.S. workforce and making gains insocio-economic attainment has a high correlation with smoothing an immigrant’sintegration into American culture and communities.
The comment periodwill remain open until July 11, 2014. After that the DHS must review the comments and issue a final publishedlaw.
NOTE – the Bloomberg article is reproduced with permission from Daily Labor Report, 87 DLRA-3 (May 6, 2014). Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>
NOTE – the Bloomberg article is reproduced with permission from Daily Labor Report, 87 DLRA-3 (May 6, 2014). Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>