DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants
February 26th, 2015 by SRW Lawyers
The long awaited work authorization eligibility has finally come for some H-4 dependent spouses.
CIS announced today that effective May 26, 2015, they are extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
This work authorization does not apply to all H-4 dependents. It only applies to H-4 dependent spouses whose H-1B spouses:
• 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. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-
1B status.
Basically it applies to certain H-4 spouses whose H-1B spouses are at a certain stage of the green card process.
USCIS estimates that the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years.
Under the rule, eligible H-4 dependent spouses must file Form I-765 with USCIS.
