On and after May 26, 2015, the United States Citizenship and Immigration Services (“USCIS”) will begin accepting applications for employment authorization from eligible H-4 dependent spouses of H-1B workers.
H-4 dependent children, and dependent spouses of principal beneficiaries in E-3 or H-1B1 status, are not eligible for this benefit. Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:
- Are the principal beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140); or
- Have been granted H-1B status in the United States under section 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 (collectively referred to as “AC21”). AC21 permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the U.S. beyond the six-year maximum limit on their H-1B status.
To obtain employment authorization, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting documents and the required filing fee of $380.00. Once USCIS approves the application and the applicant has physically received the EAD card, the applicant may begin working in the United States.
The EAD provides for open work authorization. The period of EAD validity is expected to coincide with the applicant’s remaining authorized period of stay in the U.S. DHS is in the process of revising its regulations to allow for the concurrent filing of an EAD application by eligible H-4 dependent spouses with an application to extend nonimmigrant status.
This new rule is intended to reduce the economic burden that H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status and thereby to attract and retain more skilled workers who benefit the U.S. economy. As a consequence of the availability of this new benefit, employers might expect additional requests from H-1B employees for sponsorship for permanent residence.
Amended regulation: Employment Authorization for Certain H-4 Dependent Spouses
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication. Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 11 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients' stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Fort Lauderdale, Jacksonville, Miami, Orlando, Palm Beach, Stuart, Tallahassee, Tampa, The Florida Keys, Vero Beach and its headquarters in West Palm Beach. With more than 170 attorneys and 200 committed support staff, Gunster is ranked among the National Law Journal’s list of the 350 largest law firms. More information about its practice areas, offices and insider’s view newsletters is available at www.gunster.com. |
