§ 4102 : EMPLOYMENT AUTHORIZATION FOR DEPENDENTS OF EMPLOYMENT-BASED NONIMMIGRANTS

Section 214(c)(8 U.S.C. 1184(c)) is amended—

1.

by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and

2.

in paragraph (2), by amending subparagraph (E) to read as follows:

E.

 i. In the case of an alien spouse admitted under section 101(a)(15)(L), who is accompanying or following to join a principal alien admitted under such section, the Secretary of Homeland Security shall—

I.

authorize the alien spouse to engage in employment in the United States; and

II.

provide the spouse with an employment authorized endorsement or other appropriate work permit.

ii.

In the case of an alien spouse admitted under section 101(a)(15)(H)(i)(b), who is accompanying or following to join a principal alien admitted under such section, the Secretary of Homeland Security shall—

I.

authorize the alien spouse to engage in employment in the United States ; and

II.

provide such a spouse with an employment authorized endorsement or other appropriate work permit, if appropriate.

[Hatch10/Schumer]

iii.

 I. Upon the request of the Secretary of State, the Secretary of Homeland Security may suspend employment authorizations under clause (ii) to nationals of a foreign country that does not permit reciprocal employment to nationals of the United States who are accompanying or following to join the employment-based nonimmigrant husband or wife of such spouse to be employed in such foreign country based on that status.

[end]

II.

In subclause (I), the term employment-based nonimmigrant means an individual who is admitted to a foreign country to perform employment similar to the employment described in section 101(a)(15)(H)(i)(b).