H-4 Visa Review Withdrawn
A proposed rule to rescind work authorization for H-4 visa holders has been withdrawn.
On January 25th, 2021, the Biden Administration moved to withdraw the regulation proposed by the Trump Administration titled “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” from review by the Office of Information and Regulatory Affairs (OIRA).
The withdrawal follows a regulatory freeze memo issued by the Biden Administration on January 20, 2021.
There are presently around 100,000 H-4 visa holders – ie spouses of H-1B workers in the Green Card process – in the USA.
The regulation had been pending with the White House Office of Management and Budget since 2019.
As a result of the withdrawal, employers will no longer need to plan for disruption to recruitment or employment permissions for H-4 workers.
The change also aligns the US’ offering to highly skilled overseas workers to that of other countries, where spouses of skilled workers are permitted.
US immigration advice
NNU Immigration are a team of London-based US immigration attorneys. Please contact our specialists for advice on your specific circumstances and US immigration needs.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
