Can an H-4 Spouse of H-1B1 Principal work in the U.S.?

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here.  Feel free to connect with me on Linkedin. 

I have been asked a few times recently on whether an H-4 spouse of an H-1B1 (Singapore) principal is eligible to apply for an EAD (Employment Authorization Document or commonly known as a "work permit") to work in the U.S.

Unfortunately, the answer is: No.  

An H-4 spouse of an H-1B1 (Singapore) principal is ineligible to apply for an EAD.

In contrast, an H-4 spouse of a regular H-1B principal is eligible to apply for an EAD to work only in the following very limited circumstances: 

(i) If the H-1B principal has an approved I-140 Immigrant Petition; or

(ii) If the H-1B principal has been granted H-1B status beyond the maximum six-year H-1B period of admission limitation under a law called "AC21". 

In short, it is either impossible (if you are an H-4 spouse of an H-1B1 principal) or uncommon (if you are an H-4 spouse of a regular H-1B principal) for an H-4 spouse to be able to work in the U.S.  

If you (the H-4 spouse) are also a Singaporean citizen, you might wish to consider going for an H-1B1 (Singapore) work visa yourself if you are offered a position with an employer who wishes to "sponsor" you (and provided the H-1B1 eligibility requirements are being met in your case).

Disclaimer: This blog is for informational purposes only and does not constitute legal advice.

 

The June 22, 2020 Presidential Proclamation (as Amended on June 29, 2020)

I am a Singaporean U.S. immigration attorney based in Los Angeles specializing in H-1B1 visas for Singaporeans.  My California State Bar record can be found here.  Feel free to connect with me on Linkedin.

On June 22, 2020, President Trump issued Presidential Proclamation 10052 (subsequently amended on June 29, 2020) "Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak" (the "Proclamation") impacting certain nonimmigrant visas.

Of note is whether this Proclamation (as amended) would encompass H-1B1 visas since the term "H-1B" was mentioned.  Thankfully, according to recent email correspondence from the U.S. Embassy in Singapore, the answer is "No."

Thus, as of the date of this blog post, the H-1B1 (Singapore) visa is not impacted by the Proclamation (as amended).  Many thanks to the helpful Singaporean who forwarded me the above-mentioned email from the U.S. Embassy.

Below is a summary of key provisions/restrictions in the Proclamation (as amended).


Summary

Effective June 24, 2020 and expiring December 31, 2020 (which may be extended as necessary), the Proclamation suspends the issuance of visas for those seeking entry pursuant to a(n):

• H-1B visa and any foreign national accompanying or following to join them;
• H-2B visa and any foreign national accompanying or following to join them;
• J visa, to the extent the foreign national is participating as an intern, trainee, teacher, camp counselor, au pair, or in a summer work travel program, and any foreign national accompanying or following to join them; and
• L visa, and any foreign national accompanying or following to join them.

The Proclamation will only apply to an individual identified above if he/she:

• is outside the U.S. on the effective date of the Proclamation (June 24, 2020);
• does not have a nonimmigrant visa, of any of the classifications specified above and pursuant to which the individual is seeking entry, that is valid on the effective date of the Proclamation;
• does not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document), valid on the effective date of the Proclamation or issued thereafter permitting the individual to be admitted to the U.S.

The Proclamation will not apply to the following individuals:

• Lawful permanent residents;
• Spouse or child of a U.S. citizen;
• Any individual seeking entry to provide temporary labor essential to the U.S. food supply chain; 
• Any individual whose entry would be in the "national interest" as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

For the purposes of determining who is covered under the "national interest" exemption, the Proclamation directs the Secretaries of State, Labor and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who: 

• are critical to the defense, law enforcement, diplomacy, or national security of the U.S.;
• are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;
• are involved with the provision of medical research at U.S. facilities to help the U.S. combat COVID-19; 
• are necessary to facilitate the immediate and continued economic recovery of the U.S. or are necessary to facilitate the immediate and continued economic recovery of the U.S.; or
• are children who would age out of eligibility for a visa because of this Proclamation or Proclamation 10014.       

Disclaimer: This blog is for informational purposes only and does not constitute legal advice.