The Department of Homeland Security announced this week the publication
of two proposed rules to attract and retain highly skilled immigrants.
The first rule proposes to extend employment authorization to spouses of
some H-1B nonimmigrant workers. The second rule proposes to enhance
opportunities for certain groups of highly skilled workers by removing
obstacles to them remaining in the U.S.
Eligible H-4 dependent spouses of principal H-1B workers who are the
beneficiaries of an approved Immigration Petition for Alien Worker, Form
I-140, or have been granted an extension of their authorized period of
stay in the U.S., may be able to request employment authorization, based
on the proposed first rule.
The second proposed rule would update regulations to include
nonimmigrant highly skilled specialty occupation professionals form
Chile and Singapore, and Australia in the list of classes of aliens who
are authorized for employment incident to status with a specific
employer. Additionally, the rule would clarify that H-1B1 and principal
E-3 nonimmigrant workers are allowed to work without being required to
apply separately for employment authorization. Finally, E-3< H1B1 and
CW-1 workers would be given up to 240 days of continued work
authorization beyond the expiration date on their I-94 form while an
extension request is pending.
