On May 12, the U.S. Citizenship and Immigration Services proposed a rule to amend current regulations so that certain spouses of temporary H-1B specialty occupation workers may work in the U.S. USCIS does not now extend work authorization to H-4 spouses of H-1B workers. The purpose of the rule is to entice foreign professionals to remain in the U.S. pending lengthy waits to obtain green cards. A brief review of the H-1B temporary worker program and the green card process will provide useful background to understand the significance and potential controversy surrounding this proposed rule.
The H-1B program permits employers to hire foreign professional workers for jobs that require at least a bachelor’s degree in a field related to the beneficiary employee’s course of study. The employer does not need to prove that a qualified U.S. worker is not available, unless the employer has employed large numbers of H-1B workers or has been a willful violator of program requirements. Employers must attest that they will pay the H-1B employee at least the prevailing wage for the occupation in the area of intended employment and that employing the H-1B worker will not adversely affect working conditions of U.S. workers.
