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As part of the Executive Action on Immigration announced by President Barack Obama in November 2014, the Department of Homeland Security announced new rules today that will enable spouses on H-4 dependent visas to apply for work authorizations. These individuals will have to be the spouses of H-1B beneficiaries 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. 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.”

The individuals will become eligible to start applying for the work authorizations on May 26, 2015 when USCIS will begin to accept such applications. These individuals will have to file for an Employment Authorization Document (“EAD”) using the Form I-765, Application for Employment Authorization. The fee for this filing will be $380.00.

We will keep you abreast of any developments in this area.

Please feel free to contact our firm with any questions or issues that you may have. You may reach us via telephone at +1 (202) 618 4540 or via email at info@USILaw.com.

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