USCIS Announces Employment Authorization for H-4 Dependent Spouses

Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants will be eligible to apply for employment authorization via Form I-765, Application for Employment Authorization.  To be eligible for employment authorization, the H-4 dependent must be the spouse of an H-1B nonimmigrant who:

  1. Is the principal beneficiary an approved I-140, Immigrant Petition for Alien Worker; or
  1. Has extended his or her H-1B beyond the six-year limit because of a Labor Certification or I-140 Petition that has been pending for over 365 days

An H-4 dependent can begin working in the United States as soon as he or she receives the approved Employment Authorization Document.  We remind our readers that one cannot submit the Form I-765, Application for Employment Authorization until May 26, 2015.  Applications received before that date will be rejected.

The Law Offices of Jean D. Chen applauds this new rule, as it will finally allow H-1B families to have dual incomes which should greatly ease the economic burden many H-1B families face.

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