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H4 EAD Proposed Rule

Providing work authorization to certain legal H4 visa holders

The Comprehensive Immigration Reform bill passed by Senate as well as the immigration bills recently introduced in the House and Senate (H.R.213 and S.153) provide work authorization to legal H4 visa holders.



DHS/USCIS had published a proposed rule for comments which would allow legal H4 visa holders, who have already applied for their Green Cards, to work. The comment period has ended on 07/11/ 2014 and the proposed rule has received close to 13000 comments.



The legal immigrant community, specially the spouses of high skilled workers, are eagerly awaiting the implementation of this rule. H4 visa holders, many of whom have left their own careers in their home country, are forced to stay at home through no fault of their own. They are being penalized for wanting family unity and respecting the institution of marriage. Many dependents have been facing severe setbacks in life, which is affecting their marriage and family life. We fail to understand why the agency is delaying the rule to allow H4 visa holders to work who have already applied for permanent residency, when it already allows L2, J2 visa holders to work. This uncertain future is forcing many legal immigrant high skilled families to consider abandoning their GC process and go back to their home country or to another country where the spouse is allowed to work and contribute to the family and society they live in.



We request you to support this proposed rule and urge DHS/USCIS to publish and implement the final rule soon.



Thank you.