Employment Authorization for Dependents of Foreign Officials

New regulations issued by The Department of Homeland Security in August 2010 will expand the list of qualified dependants of foreign officials who qualify for -1, A-2, G-1, G-3, and G-4 nonimmigrant status.

On 10 August 2010, The Department of Homeland Security (DHS) released final amendments to the regulations regarding A-1, A-2, G-1, G-3, and G-4 nonimmigrant applicants. These applicants are generally dependants of foreign officials seeking employment authorization in the US while the officials are posted in the US. The new rules go into effect on 9 August 2010.

More Applicants May Qualify Under the New Rules

The new rules released by the DHS will allow more people to become eligible for employment authorization. The DHS has expanded the list of eligible parties to include anyone who is designed by the Department of State (DOS) as an alien. Those aliens which the DOS determines as qualified will be issued employment authorization by the USCIS (U.S. Citizenship and Immigration Services).

This means that some dependents of foreign officials who were previously not qualified for employment authorization will want to review the new rules. Some may find that they now qualify for employment authorization under the rules issued by the DHS and under the list of DOS qualified persons. In general, to qualify, you must be a dependant of a foreign official posted in the US. You must also fall into a de facto arrangement or bilateral work agreement.

Applying for Employment Authorization

If you are eligible for work authorization under the new rules, you will first need to receive an endorsement from DOS via Form I-566 (Interagency Record of Request). Once you have this form, you must file Form I-765 (Application for Employment Authorization) as well as Form I-566 (Interagency Record of Request). The USCIS website has the latest forms as well as detailed instructions for each form. It is important to follow the instructions carefully and submit a completed and correct form. Failure to do so can result in delays and a rejection of your application. If there are circumstances which may affect your filing of Form I-566 or Form I-765, you may wish to consult with a qualified immigration attorney, who can offer you legal advice about your immigration status and can help you complete the forms. Form I-566 and Form I-765 can be complex. Give yourself plenty of time to fill these forms out correctly. Seek help if you are having trouble with the forms.