H4 Work Permit CIR Amendment Detailed

H4 Visa holders Work Authorization has been a never ending topic for years. There has been innumerable conversations on why an L-2 visa holder could be authorized to work in the United States, but not an H-4 Visa Holder.

The Immigration Reform which passed in the Senate late last week and heading to the house for further review includes employment authorization for H4 Visa Holders as one of the key amendments in the reforms for non-immigrant visa programs in the Comprehensive Immigration Reform. There is a clause in the amendment specifically for H4 employment authorization I would like to detail in this post.

h4visaholder_work_authorization

What is the current situation?

With the current Immigration Rules,

  • Spouse of an L-1 Visa Holder (L-2 Visa Holder) is admitted to work in the United States and is provided with employment authorized endorsement or appropriate work permit.
  • H-4 Visa Holder does not have the privilege to work in the United States, under the current immigration rules.

H4 Employment Authorization Amendment In the CIR

H4 Visa Holders (spouses of H-1B Visa Holders) will be admitted to work in the United States and provided with an employment authorized endorsement or appropriate work permit, if appropriate.

H4 Employment Authorization Clause – What does appropriate mean?

Upon the request of the Secretary of State, the Secretary of Homeland Security may suspend employment authorizations for H4 Visa Holders to nationals of a foreign country that does not permit reciprocal employment to nationals of the United States who are accompanying or following to join the employment-based non-immigrant husband or wife of such spouse to be employed in such foreign country based on that status.

There are some discussions in progress to remove the reciprocal rule. The Immigration Bill is now headed to the House. Let us see what luck the Comprehensive Immigration Bill would get to the H-4 Visa Holders.

18 Comments on "H4 Work Permit CIR Amendment Detailed"

  1. This is just eye wash… it is Jan 2015 … and it was supposed to be
    passed in 2014….. The fact remains that USA wants to attract the best
    and the brightest by saying come to USA. Fill our universities – pay 4
    times the normal fees (this fees we use improve research and development
    and improve our facilities).. AND you can have a great future…

    The
    FACT remains … please (No Indians and Chinese allowed) written in *
    conditions apply. because if your from India – or China … you do not
    have a future … because it will take you ages – 20 – 30 years to
    become a permanent resident and for that period of time …. you can
    continue contributing taxes …. etc and work as a slave… with no
    prospects of settling down in life…

    To counter this fact the dog
    has been thrown an imaginary bone… (imaginary because there has been
    talk about this going on since 2009. h4 work authorization … was
    supposed to be done in 2014.. but then you have teleconference … blah
    blah blah talk talk talk and continue the BS…. and keep the soap
    opera…

    If you are a sensible Indian or Chinese … your last
    priority should be USA… if you the brightest in IT, Medicine and
    Science Tech… Stay away from USA…. start a company in ur own country and give the facebook, twitter and amazon a run for its money

  2. This is just eye wash… it is Jan 2015 … and it was supposed to be passed in 2014….. The fact remains that USA wants to attract the best and the brightest by saying come to USA. Fill our universities – pay 4 times the normal fees (this fees we use improve research and development and improve our facilities).. AND you can have a great future…

    The FACT remains … please (No Indians and Chinese allowed) written in * conditions apply. because if your from India – or China … you do not have a future … because it will take you ages – 20 – 30 years to become a permanent resident and for that period of time …. you can continue contributing taxes …. etc and work as a slave… with no prospects of settling down in life…

    To counter this fact the dog has been thrown an imaginary bone… (imaginary because there has been talk about this going on since 2009. h4 work authorization … was supposed to be done in 2014.. but then you have teleconference … blah blah blah talk talk talk and continue the BS…. and keep the soap opera…

    If you are a sensible Indian or Chinese … your last priority should be USA… if you the brightest in IT, Medicine and Science Tech… Stay away from USA….

  3. max consultant provide H1B visa sponser 2014piscal year.

  4. Is there any update on this Bill? Any Good News for H4?

  5. Just wondering if there has been any movement on the H4 employment authorization amendment. Thanks

  6. It’s understandable not allowing H4 visa holders to work in the US as they don’t necessarily qualify for that just because they are married to a skilled worker. If they’re skilled, they can apply for H1B as well. What I don’t understand is why H4 visa holders cannot work remotely for a company based on their home country. They wouldn’t be taking away any job from an American, they would just continue doing their job remotely, for a position they were already occupying in their home country.

    • As if it is very easy to get an H1. Its all printed there. Just go and grab one!

    • Lily,

      With due respect to your post, I would say its contradictory.. you said H4 Visa holders are because they are married to a skilled worker and in other sentence you are scared that they will take your job ???? are you less skilled than a H4 visa holder ?

    • Do you know how tough it is to get a H1B visa ? Do you know how depressed are they staying home ? Can you stay at home all day and 365 days with out working ? Stop commenting with half knowledge. Only I you walk in their shoes you wouldn’t know the pain and depression they are going through.

  7. Many millions of the current populace of this country are hit by some baseless clause of the immigration system of United States. I represent that group of people who are well educated , have niche skills in some of the
    most coveted technology and business areas, but are unable to put them to any use due tothe clause for H4 visa that cripples dependents for any form of paid job. This is perfect for dependents- dependents in the true sense.But for those who immigrate just as a dependent of H1 visa holder bu t under all practical scenario
    is better off as an earning member , this clause is quiet a torture. The system should either give spouses of H1 visa holders work permits(a different category) enabled visa or allow H4 visa holders with certain level of qualification to work here.

    While on one hand the Fed and big business are trying to acquire high skilled, trained talent from variouscountries, many sit here on this land without work-because theyhold a H4 dependent visa. It is ironical figuratively and practically.

    I understand that there are some form of a clause taking care of this issue in the reform , but unless the reform is put into use nobody is really benefited. we have no winner just by having it in a clause and proposing to
    pass it in some time in the future. The time delay is a concern. The brittle economy,the heaps of debt this
    country is neck drowned into , and the need of skilled human resource in business are all related. The revenue the Fed is expected to earn after this step can lift the economy and reduce debts overnight.

    Besides there aresome new s about the H$ dependents getting a permit to work only when the foreign nation they came from has similar rules for dependent visa holder immigrants to that state. That clause while
    it works for a group of people who belong to a nation that has that liberal provision for immigrants to their state., but its is disastrous for people whose country hails from the other category of nations. They are more often than not hands bound and sandwiched between two nations and their foreign policies. request you
    to think an alternative or work around for such a situation, because am sure that would be a
    sizable number.

    A nation that has largely been inhabited, eulogized, glorified and immortalized in the pages of economic, military and cultural history , should take an immigration reform at the topmost priority. It is the people who run the nation and rules regulate the people, so if you want to run the nation in the best way possible fix problem in the rules.

  8. anonumous1972 | July 2, 2013 at 4:52 am | Reply

    I need H1 ,B1/s,L1/ visa ,GC APPLICATION AND details and iff I can apply individual basis that also thanks.

  9. anonumous1972 | July 2, 2013 at 4:50 am | Reply

    I had had 9th OF Nov 98- July 2001 h1b1; no new or extension filed.I walked out of country voluntarily. I have credit issues in USA. Is is possible to get new h1 or extension inspite of 9/11 allowance of long stay in USA . I worked as independent consultant in Calif. companies.

  10. Can someone please explain this clause in further detail? Seems like understood but might misapprehend.. Thanks!

  11. Indranil Datta | July 1, 2013 at 5:43 am | Reply

    Is that reciprocal employment applicable for India??

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