Allowing Certain H-4 Dependent Spouses to Apply for Employment Authorization

Docket ID: USCIS-2010-0017
Agency: U.S. Citizenship and Immigration Services (USCIS)
Parent Agency: Department of Homeland Security (DHS)

The Department of Homeland Security (DHS) amended its regulations by extending the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident status through employment. Allowing the eligible class of H-4 dependent spouses to work encourages professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies.

RIN: 1615-AB92
Impacts and Effects: International
CFR Citation: 8 CFR 274a.12(c)(26),8 CFR 2,8 CFR 214.2(h)(9)(iv)
Priority: Other Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Spring 2015
Agenda Stage of Rulemaking: Completed Action
Major Rule: No
Legal Authorities: 8 U.S.C. 1101, 8 U.S.C. 1102, 8 U.S.C. 1103, 8 U.S.C. 1182, 8 U.S.C. 1184, 8 U.S.C. 1186a, 8 U.S.C. 1187, 8 U.S.C. 1221, 8 U.S.C. 1281, 8 U.S.C. 1282, 8 U.S.C. 1301 to 1305; 8 U.S.C. 1372, Pub. L. 104-208, sec 643, Pub. L. 106-386, Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, sec 141, 48 U.S.C. 1901 note and 1931 note, 48 U.S.C. 1806, 8 U.S.C. 1324a, Pub. L. 110-229
Legal Deadlines: None
Government Levels Affected: No
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: No
International Impacts: Yes
Energy Effects: No
Included in Regulatory Plan: No
ActionDateFR Citation
NPRM05/12/201479 FR 26886
NPRM Comment Period End07/11/2014
Final Action02/25/201580 FR 10284
Final Action Effective05/26/2015
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Keyword(s): 1615-AB92
Type: Rulemaking

Primary Documents

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Comment Period Closed
Jul 11, 2014 11:59 PM ET
Proposed Rule
Posted: 05/12/2014
ID: USCIS-2010-0017-0001
Comments Not Accepted
Posted: 02/25/2015
ID: USCIS-2010-0017-12466

Supporting Documents

No documents available.


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Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
Kevin J. Cummings
Chief, Business and Foreign Workers Division
202 272-8412
202 272-1480 (Fax)
Office of Policy and Strategy, 20 Massachusetts Avenue, NW.
Washington, DC 20529-2140
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.