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View Full Version : Proposed regulations with rules authorizing employment for certain H-1B spouses


desi3933
04-08-2014, 11:25 AM
The proposed regulations, from Department of Homeland Security (DHS), will include rules authorizing employment for spouses of certain high-skill workers on H-1B visas, as well as enhancing opportunities for outstanding professors and researchers. These measures build on continuing DHS efforts to streamline, eliminate inefficiency, and increase the transparency of the existing immigration system, such as by the launch of Entrepreneur Pathways, an online resource center that gives immigrant entrepreneurs an intuitive way to navigate opportunities to start and grow a business in the United States.

Link to the press release (http://www.whitehouse.gov/the-press-office/2014/04/07/fact-sheet-strengthening-entrepreneurship-home-and-abroad)
FACT SHEET: Strengthening Entrepreneurship At Home and Abroad | The White House (http://www.whitehouse.gov/the-press-office/2014/04/07/fact-sheet-strengthening-entrepreneurship-home-and-abroad)



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Jane_GC
04-08-2014, 06:39 PM
This is good news ... but will there be some changes for the Primary H1B holders waiting in the green card line , like people who have approved I140 could be able to apply for 485 and get an EAD and wait till the green card is issued .

This is an administrative changes which USCIS can implement.

mightywait
04-09-2014, 12:00 PM
Wow this is big news. Surprised at the lack of discussion in this forum!!!!
The qualification criteria for this seems to be unclear though. It says "certain H4's" will qualify for an EAD. Indian media is reporting it as only H4's with STEM background qualify. Can the experts shed some light on this?

bracelet80
04-09-2014, 12:15 PM
It is only for H1b holders past 6 years with I 140 approved. There is nothing like only for STEM .

View the rule on USCIS website.

rakesh_basis
04-09-2014, 05:51 PM
This is good news ... but will there be some changes for the Primary H1B holders waiting in the green card line , like people who have approved I140 could be able to apply for 485 and get an EAD and wait till the green card is issued .

This is an administrative changes which USCIS can implement.

I searched for this update, couldnt found the sepcific you have mentioned here that I140 approved will be able to apply for 485...

netbacker
04-09-2014, 06:06 PM
Vox.com has an update on this Vox.com (http://www.vox.com/2014/4/9/5597752/the-government-is-finally-fixing-its-leave-it-to-beaver-era-visa)
Says 3 conditions:

Under the new regulations, spouses of workers with H1B visas could also work legally in the US but only under three circumstances:


the employer of the H1B visa holder (the working spouse) already applied for him to get a green card
the spouse is a high-skilled immigrant in her own right educated and qualified to work in the same sort of fields her husband is, and
the family has been in the US for a certain amount of time.

rakesh_basis
04-09-2014, 06:18 PM
But I never read this statement "like people who have approved I140 could be able to apply for 485 and get an EAD and wait till the green card is issued". I doubt if this is going to happen, its big relief for EB3 category

mightywait
04-10-2014, 10:20 AM
Vox.com has an update on this Vox.com (http://www.vox.com/2014/4/9/5597752/the-government-is-finally-fixing-its-leave-it-to-beaver-era-visa)
Says 3 conditions:

Under the new regulations, spouses of workers with H1B visas could also work legally in the US but only under three circumstances:


the employer of the H1B visa holder (the working spouse) already applied for him to get a green card
the spouse is a high-skilled immigrant in her own right educated and qualified to work in the same sort of fields her husband is, and
the family has been in the US for a certain amount of time.


Ya about condition 2 that the spouse also needs to have a STEM educational background is being reported by many media outlets. But the actual text of for this rule on the USCIS website does not mention anything about spouses requiring any specific educational background.

Pragneshs
04-10-2014, 12:43 PM
Guys,

At the time when the rule was open for comments to public, it did not mention anything just said certain H-4 will be able to work. now looking at that lawyers text View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201310&RIN=1615-AB92)
it means people who have completed 6 years in H-1B and Have AC-21 which means they got H-1b extended beyond 6 years due to either pending I-140 or approved I-140.

Also their is no mention of STEM or which type of H-1B holders spouse would be able to work. To me it clearly means any Spouse under category H-4 whose dependent H-1B has extended the H-1B visa under section AC-21 is eligible to have H-4 EAD.

Now this can change as its not yet finalized. all we needed was to provide comments when the rule was open for public.

mightywait
04-10-2014, 01:58 PM
Guys,

At the time when the rule was open for comments to public, it did not mention anything just said certain H-4 will be able to work. now looking at that lawyers text View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201310&RIN=1615-AB92)
it means people who have completed 6 years in H-1B and Have AC-21 which means they got H-1b extended beyond 6 years due to either pending I-140 or approved I-140.

Also their is no mention of STEM or which type of H-1B holders spouse would be able to work. To me it clearly means any Spouse under category H-4 whose dependent H-1B has extended the H-1B visa under section AC-21 is eligible to have H-4 EAD.

Now this can change as its not yet finalized. all we needed was to provide comments when the rule was open for public.

Yes agreed. There is no mention about STEM educational background anywhere in the official text, though it may or may not end up in the final rule. But just curious to know from where the media is getting the STEM education info. Many of them seem to be reporting it so wonder if there is some other official text that we are missing?