Law360, New York (May 1, 2015, 5:07 PM EDT) -- The U.S. Department of Homeland Security recently issued long-awaited rules (though not as long-awaited as those clarifying the American Competitiveness in the Twenty-First Century Act of 2000) allowing employment authorization for certain H-4 dependent spouses of H-1B nonimmigrants. These rules provide additional options for employers to recruit foreign workers, but given the processing time issues involved with employment authorization document applications, employers may face challenges in maintaining work authorization for H-4 workers dependent on employment authorization documents (EADs). This article explains the eligibility criteria and limitations to work authorization for qualified H-4 dependent spouses as well as considerations in establishing a systematic case management protocol for EAD-dependent workers....
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