An ExecutiveOrder Review Search reveals that the USCIS may be finalizing a rule thatwill allow work authorization for H-4 spouses if they have begun the process ofseeking lawful permanent resident (LPR) status through employment and haveextended their authorized period of admission or “stay” in the U.S.under section 104(c) or 106(a) of Public Law 106-313 (American Competitivenessin the Twenty-First Century Act of 2000 or AC21).
This proposal was first prominently suggestedin May 2012 in the U.S. Department ofHomeland Security Retrospective Review of Existing Regulations – ProgressReport. Most people, MU Lawincluded, did not think that action would come quickly, if ever, in spite of anofficial WhiteHouse Response to a petition for such authorization earlier this year. Nonetheless, this authorization is longoverdue and it is encouraging that President Obama’s administration is followingthrough on its promises to produce favorable uncontroversial immigration legislationand regulation.