Important Immigration Notice

Proposed Regulation to Allow Spouses of H1B Holders to Obtain Employment Authorization

In a move to make it easier for the spouses of certain H1B workers to obtain employment, the Department of Homeland Security, with the support of the White House, has posted new regulations for comment. The proposed regulations, which are open for 60-days of public comment, will make it more attractive for the highly-skilled workers in the H1B, non-immigrant category, to remain in the United States while awaiting permission to immigrate. The H1B non-immigrant visa is the most common type of work permission utilized by U.S. employers to attract foreign national workers.

The proposed change in the regulations will allow spouses of certain H1B workers to obtain work permission, if their spouse is:

• The beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker (i.e., permanent residence or “green card” card application); or
• Has been granted an extension of his/her authorized period of stay in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.

Please contact Sanford Posner for more information about how this new regulation can have a positive impact for your H1B employees.