H-4 Holders Eligible for EAD Effective 05/26/2015

H-4 Holders Eligible for EAD Effective 05/26/2015

Effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status.

To be eligible, the H-4 dependent spouses of H-1B nonimmigrants must be: 

  • 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.
Eligible H-4 dependent spouses must file Form I-765 Employment Authorization with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.
 
Please contact our office if you have any questions or concerns.
 
Source: USCIS News Release February 24, 2015
2015-02-24T11:20:06+00:00 February 24th, 2015|

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