These amendments permit H-4 Start Printed Page 10299dependent spouses under this rule to concurrently file their Form I-765 with related benefit requests, specified in the form instructions to include their Application to Extend/Change Nonimmigrant Status (Form I-539), and if applicable, their spouse's Form I-129 petition. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Completion of this form is required when adding dependents to health, dental, or premier vision benefits, and recertifying dependents for continued enrollment. [58] [60] An individual can submit a Nonimmigrant Worker Information Form, Form WH-4, with DOL. 2004) (“[T]he government must be allowed leeway to approach a perceived problem incrementally. for Biological Diversity v. EPA, 722 F.3d 401, 410 (D.C. Cir. as the baseline projection of H-1B nonimmigrants who have started the immigration process. Generally, the second (EB-2) and third (EB-3) preference categories require employers to obtain an approved permanent labor certification from DOL prior to filing an immigrant petition with USCIS on behalf of the worker. work-authorization (i.e., EAD) but eligible for a non-work SSN must only submit evidence Additionally, limiting employment authorization to H-4 dependent spouses is consistent with the treatment of dependent minors in other nonimmigrant employment categories (such as the L and E nonimmigrant categories), which provide employment authorization to dependent spouses but not dependent children. Rather, DHS expects that this rule will help to partially alleviate the adverse impact of oversubscription of certain chargeability categories in the EB-2 and EB-3 categories on certain H-1B nonimmigrants and their families, without negatively impacting others.

At the same time, USCIS would face significant operational burdens if it were required to collect and verify tax documents for each H-4 dependent spouse seeking employment authorization under this rule. However, to provide a reasonable proxy of time valuation, DHS chose to use the minimum wage to estimate the opportunity cost consistent with methodology employed in other DHS rulemakings when estimating time burden costs for those who are not work authorized. See 8 CFR 103.7(c)(3)(viii).

A primary purpose of this rule is to help U.S. employers retain H-1B nonimmigrant employees who have demonstrated the intent to become LPRs, which would provide substantial benefits to these employers and the U.S. economy.

This colloquial description was used in the proposed rule; however, this language does not accurately describe AC21 eligibility. Based on approximately 90 days of case history, DHS believes that approximately 18.3 percent of all extension of stay applications filed on behalf of H-1B nonimmigrants are approved pursuant to AC21. Information about this document as published in the Federal Register. Another commenter wanted to know if an H-4 dependent spouse could work from home in the United States for his or her native country employer on the native country salary. See Enhancing American Competitiveness through Skilled Immigration: Hearing before the H. Judiciary Subcomm.

Moreover, by tying eligibility for employment authorization to approved Form I-140 petitions, DHS is reaching the H-4 dependent spouses of H-1B nonimmigrants granted status under section 104(c) of AC21. 36. 1184(g)(1)(A), (5)(C), USCIS holds a computer-generated random selection process, or lottery, to select enough petitions to meet the statutory caps. New Documents [55] & N. Dec. 369, 376 (AAO 2010) (describing “preponderance of the evidence” standard).

More than 20 commenters believed that because current immigration laws provide the ability for H-4 dependent spouses to change status to an employment-authorized category, the proposed rule would not provide any additional incentives for H-1B nonimmigrants to remain in the United States and continue to pursue LPR status.

DHS appreciates the commenters' concerns over public safety and notes that the eligibility for employment authorization extended by this rule to certain H-4 dependent spouses is discretionary.

Commenters also questioned whether the change in the proposed rule is actually necessary in light of other provisions of U.S. immigration law.

DHS believes that adding the check box for H-4 dependent spouses to the form will aid in the efficient processing of the form by facilitating USCIS's ability to match the application with related petitions that are integral to determining the H-4 dependent spouse's eligibility for employment authorization, as discussed below in Part III.E.5. J2s, without work-authorization (i.e., EAD) but eligible for a non-work SSN must only submit evidence of nonimmigrant status per RM 10211.135 and DS-2019. Note: Content in this archive site is not updated, and links may not function.

headings within the legal text of Federal Register documents. The top five States where persons granted LPR status have chosen to reside are: California (20 percent), New York (14 percent), Florida (10 percent), Texas (9 percent), and New Jersey (5 percent).

Several commenters argued that it was the role of Congress, not the Executive Branch, to create immigration laws. We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. include documents scheduled for later issues, at the request State of California . Section 274a.12 is amended by adding a new paragraph (c)(26), to read as follows: (26) An H-4 nonimmigrant spouse of an H-1B nonimmigrant described as eligible for employment authorization in 8 CFR 214.2(h)(9)(iv). Notwithstanding the revised volume estimates, the basis for this rule, as discussed throughout the proposed rule and this final rule, remains accurate.

documents in the last year, by the Environmental Protection Agency [7] As a preliminary matter, issuance of an EAD does not require an H-4 dependent spouse to work. Many commenters believed that the proposed rule would increase competition for jobs; exacerbate the nation's unemployment rate; drive down wages; and otherwise negatively impact native U.S. workers. documentation with no intention of hiring the students. Please consult the USCIS Web site at www.uscis.gov or contact USCIS Customer Service at 1-800-375-5283 for current guidance. See DHS Office of Immigration Statistics, 2013 Yearbook of Immigration Statistics, Table 6, available at http://www.dhs.gov/​yearbook-immigration-statistics-2013-lawful-permanent-residents (compare statistics listed under “total employment-based preferences” and “adjustment of status employment-based preferences”).

See INA section 101(a)(15)(H)(i)(b), 8 U.S.C. Calculation: 46,989 (5-year average of Form I-140 approvals) + 27,643 (annual estimate of approved extensions of stay pursuant to AC21) = 74,632 baseline estimate. Even with the change in the maximum number of H-4 dependent spouses who may be impacted as reported in the proposed rule and this final rule, DHS maintains that the expected outcomes are the same. Therefore, DHS assumes that the volume of H-4 dependent spouses newly eligible for employment authorization is comprised of two estimates: (1) an immediate, first year estimate due to the current backlog of Form I-140 petitions; and (2) an annual estimate based on future demand to immigrate under employment-based preference categories. %���� See INA section 201(d), 8 U.S.C. DHS believes that this rule will provide options to certain H-4 dependent spouses allowing them to engage in authorized employment. a non-work SSN, see RM DHS expects these regulatory amendments to provide increased incentives to H-1B nonimmigrants and their families who have begun the immigration process to remain permanently in the United States and continue contributing to the Nation's economy as they complete this process. Additionally, DHS has examined detailed characteristics about the LPR population for FY 2009-FY 2013 to further refine this estimate. The spouses of H-1B nonimmigrants, for example, generally have greater need for the benefits of this rule than the spouses of O-1 nonimmigrants. DHS may consider expanding employment authorization to other dependent nonimmigrant categories in the future. DHS declines to expand eligibility for employment authorization in this rule to the dependents of principals with other nonimmigrant classifications.

A few commenters expressed support for or opposition to immigration. * Note: Totals may not sum due to rounding. status, RM 10215.115, Procedures for Providing Written Notice to an SSN Applicant. [16] 14. In the first year of implementation, DHS estimates the total maximum cost to the total of H-4 dependent spouses who could be eligible to file for an initial employment authorization will be as much as $78,337,928 (non-discounted), and $23,989,900 annually in subsequent years. 1989)); Lamers Dairy Inc. v. U.S. Dep't of Agric., 379 F.3d 466, 475 (7th Cir. The EAD that DHS will issue H-4 dependent spouses pursuant to this rule is evidence of employment authorization to lawfully work in the United States for any employer. Per the statute, an H-1B nonimmigrant is eligible for an extension of stay pursuant to AC21 provided that they are the beneficiary of a labor certification application or a Form I-140 petition that has been filed at least 365 days prior to the end of their sixth year of H-1B status. In the preamble of the proposed rule, DHS used colloquial language to describe the basis for H-1B nonimmigrants to be eligible for extensions of their stay under section 106 of AC21. validity of the information provided on the sponsor letter.

A few commenters described their families as dual H-1B nonimmigrant households and supported the principle of both spouses working. Also, as stated in the proposed rule, extending employment eligibility to certain H-4 dependent spouses will alleviate a significant portion of the potential economic burdens that H-1B nonimmigrants currently may face, such as paying for academic expenses for their children, during the transition from nonimmigrant to LPR status as a result of the inability of their dependent family members to work in the United States.

In the proposed rule, DHS requested comments relating to the environmental effects that might arise from the proposed rule. See INA section 208(d)(2), 8 U.S.C. A few dozen commenters requested that the rule also allow H-1B nonimmigrants to receive Employment Authorization Documents (EADs), which authorize employment without regard to employer, incident to status. [61]

When complete, USCIS ELIS will allow customers to electronically view their applications, petitions or requests, receive electronic notification of decisions, and electronically receive real-time case status updates. 47.

1324a(h)(3)(B), recognizes that employment may be authorized by statute or by the Secretary. DHS recognizes that H-4 dependent spouses do not currently participate in the U.S. labor market, and, as a result, are not represented in national average wage calculations. thereby preventing significant disruptions to U.S. employers in furtherance of the congressional intent expressed through AC21.