U.S. Government Proposes New Reforms to Attract and Retain Highly Skilled Immigrants

Categories: Immigration Lawyer Blog San Diego

On January 31, 2012, the U.S. Department of Homeland Security (DHS) announced new reform proposals to attract and retain highly educated foreign nationals. Here is a summary of the the U.S. government has proposed:

(1) Provide work authorization for spouses of certain H-1B holders

This proposed reform would allow H-4 spouses of H-1B holders to get work authorization if the H-1B holder has begun the process of seeking lawful permanent resident status through employment. This most likely leans that after either PERM or I-140 approval, the H-4 spouse dependent can receive work authorization.

(2) Allow E-3 visa holders from Australia and H-1B1 visa holders from Singapore and Chile to continue working with their current employer for up to 240 days while their petitions for extension of status are pending.

Currently, E-3 workers and H-1B1 workers cannot continue working while their