USCIS has announced that starting May 26, 2015, certain H-4 Dependent Spouses can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident status.
H-4 dependent spouses may apply for employment authorization (EAD) if the H-1B nonimmigrant:
- Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Has 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 (AC21). AC21 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.
USCIS has also stated that it will not accept applications for EAD based on H-4 status until the H-4 rule takes effect on May 26, 2015. It will reject and return the filing fee if EAD applications based on H-4 status are filed before May 26, 2015
Contact VisaPro immediately if you need any assistance in filing for an Employment Authorization application (EAD).