On May 26, 2015, The United States Citizenship and
Immigration Services (USCIS) will be extending employment eligibility for
certain nonimmigrants in valid H-4 status. H-4 Visas are issued to dependent
spouses of H-1B Nonimmigrants. This extension
will allow eligible dependent spouses in valid H-4 status to receive
employment authorization.
This change comes as part of President Obama's
immigration-based executive actions that were proposed back in November of
2014. This employment availability is intended to serve several purposes:
First, this benefit should result in more actively-employed
nonimmigrants in the Unites States. This creates a positive impact on the
economy. Furthermore, many would-be entrepreneurs can make the leap into small
business ownership. This allows for the creation much-needed jobs.
Second, the U.S. faces difficulties in keeping skilled
workers in the country because of their strict policies. Many of these skilled
workers, which are on H-1B nonimmigrant status, wish their spouses could
contribute to their income. In turn, these skilled workers leave jobs in the
U.S. to pursue opportunities in countries with less-restrictive immigration
laws. With both spouses eligible to work, the promise of better quality of life
is not far off. This new policy should help keep many of these skilled workers
in the U.S. and make Permanent Residency a more viable option for them and
their families.
The Department of Homeland Security (DHS) also expects this
new policy to allow for easier transitions from nonimmigrant status to
Permanent Residence.
According to USCIS.gov eligibility is extended to
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.
The application process for Employment Authorization for
eligible H-4 nonimmigrants will consist of completing the standard Form
I-765, Application for Employment Authorization. This application is available
on USCIS website. There is also a government filing fee of $380. This application
should be filed along with supporting evidence that the applicant meets the
eligibility requirements. As with all Employment Authorization Applications,
once the application is approved by USCIS the H-4 dependent spouse may now work
in the United States. No applications should be submitted before the
eligibility date which begins on May 26, 2015. This is when the new policy
takes effect.
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