DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses

USCIS Director León Rodríguez announced on Tuesday, February 24th, that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR), effective May 26, 2015.

Finalizing the H-4 employment eligibility was one of President Obama’s key elements in his immigration executive actions announced last November.

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:
• Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (i.e., an extension of H1B status beyond the 6th year).

USCIS will begin accepting applications on May 26, 2015. Once USCIS approves Form I-765, Application for Employment Authorization, and the H-4 dependent spouse receives the physical Employment Authorization Document (EAD), he or she may begin working in the United States.

For further details please read the USCIS news release linked below.

To discuss your eligibility, contact an Immigration Attorney.

Note: EAD applications CANNOT be filed until May 26, 2015.

Source of Information:

USCIS.gov, 2/24/15, News Release:
DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence