Eligibility for Employment Authorization to H-4 Dependent Spouses of H-1B Nonimmigrants
by
E. Nicole Kozycki on Aug. 29, 2016
Summary: USCIS has announced that effective May 26, 2015, H-4 Dependent Spouses will be eligible to apply for employment authorization. Eligible H-4 Dependent Spouses can file Form I-765, Application for Employment Authorization, beginning May 26, 2015 and may begin working after receipt of EAD.
USCIS has announced that effective May 26, 2015, H-4 Dependent Spouses will be eligible to apply for employment authorization. Eligible H-4 Dependent Spouses can file Form I-765, Application for Employment Authorization, beginning May 26, 2015 and may begin working after receipt of EAD.
Are you an eligible H-4 Dependent Spouse?
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. 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.How do you apply for employment authorization as an eligible H-4 Dependent Spouse?
If you are eligible for employment authorization, prepare Form I-765, Application for Employment Authorization. Do not attempt to file the form with USCIS until May 26, 2015 or later. Applications received prior to the effective date of the program will not be accepted.When can I begin working?
After USCIS approves your Form I-765, you will receive an EAD ("Employment Authorization Document"). Once you have an EAD, you may begin working in the United States. Do NOT commence employment until you have an EAD.