USCIS to Extend Work Authorization to H-4 Spouses of Certain H-1B Workers 

USCIS has announced that, beginning May 26, 2015, the regulations have been amended to extend eligibility for employment authorization to H-4 spouses of certain H-1B workers who are seeking employment-based permanent residence.

Eligible individuals include H-4 dependent spouses of principal H-1B workers who: 

• Have an approved Form I-140, Immigrant Petition for Alien Worker; or
   
• Have been granted H-1B status in the United States beyond the initial six-year limit based on 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.  Generally speaking, these individuals must have a pending or approved PERM labor certification application which was filed at least 365 days before the end of their initial six years in H-1B status. 

H-4 spouses who are eligible for employment authorization must first file Form I-765, Application for Employment Authorization (with the associated $380 filing fee) with USCIS.  Once the application is adjudicated and the applicant receives his/her new EAD card, s/he may begin working.  Applications will not be accepted until May 26. 

If you believe you or someone you know may be eligible for work authorization through this regulatory change, please feel free to contact our office for additional information and assistance.