DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses

Effective May 26, 2015, certain H-4 dependent spouses may apply for work permits. Eligible H-4s are those whose H-1B spouse is the principal beneficiary of an approved I-140, Immigrant Petition for Alien Worker; or those H-1Bs that have been granted continuing H-1B status as a result of AC21 sections 106(a) and (b).

Each of these presumes that an H-1B has been in H-1B status for some time and has started the green card process. Thus, the applicability of these work permits will be limited to only certain H-4 spouses. Nonetheless, the USCIS is estimating this program may benefit as many as 179,600 H-4s in the first year.

If you desire assistance in determining your applicability for this program, or completing the required application, please do not hesitate to contact our office.

Additional details may be found on the USCIS website directly at http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence