This is an amazing turn of events. Something that many of us have been fighting for – H4 EAD. Those who have their permanent residence process started that is under the Form I-140 or the labor certification started and completed the six years and request an H1B extension, will be able to seek employment authorization for their H4 dependents. The law falls a little short of giving all the H4 visas a work permit (EAD) but will allow some of those who have a “stay” in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), to obtain an EAD. This means those who are allowed to extend their H1B beyond six years after the waiting time will see their dependents benefit from a work permit.
The proposed rule will not be into effect immediately because it has to complete the rule-making process however, this is such a welcome news for all of those who have been suffering from an endless agony. We expect something in the next six months or so.
The Shah Peerally Law Group PC commitment to help the community has once again paid off. To all those who have been supporting the movement, including the Radio Shows, the petition and other support, we are very proud of you, we salute them. We have seen a grass root of immigrants which could actually change the American immigration policies- Good Job!
Let us all hope there are no new obstacle to this new rule.
Pending EO 12866 Regulatory Review
|RIN: 1615-AB92||Received Date: 12/10/2012|
|Title: Employment Authorization for Certain H-4 Dependent Spouses|
|Agency/Subagency: DHS / USCIS||Stage: Proposed Rule|
|Legal Deadline: None||Economically Significant: No|
|International Impacts: No||Affordable Care Act [PPACA, P.L. 111-148 & 111-152]: No|
|Dodd-Frank Act [Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203]: No|