US Visa News: Work Authorization for Spouse

Work Authorization for Spouse of Transferees

President Bush Signs Measure into Law

President Bush, on January 16, 2002, signed into law two bills (H.R. 2277 and H.R. 2278) allowing spouses of intra-company transferees, treaty traders, and treaty investors to work in the U.S. H.R. 2277 (PL 107-124) provides work authorization to the spouses of E visa holders. 

H.R. 2278 (PL 107-125) provides work authorization to the spouses of L visa holders and reduces the required period of prior continuous employment for certain intra-company transferees. 

Specifically, H.R. 2278 amends INA section 214(c)(2)(A) to provide that in the case of an alien seeking admission under section 101(a)(15)(L), the required one-year period of continuous employment is reduced to six months if the importing employer has filed a blanket petition and met the requirements for expedited processing of aliens covered under such petition.

For more than 10 years, the Swiss-American Chamber of Commerce has advocated enactment of such a provision. Many companies were facing problems transferring executives to the U.S. due to employment ban for their spouses since families are often sustained on dual incomes. Equally important, the interruption of spouses' careers made it increasingly difficult for companies to find employees able and willing to transfer to the U.S.

January 25, 2002