Work Authorization for H4 Visa Holders

“USCIS will begin accepting applications on May 26, 2015″

Certain H-4 dependent spouses may now apply for employment authorization under the H-4 rule. On February 24, 2015, USCIS announced that effective today, May 26, 2015, the Department of Homeland Security (DHS) would begin accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants seeking employment employment-based lawful permanent resident status.

Starting today, you may apply for employment authorization under this rule if your H-1B nonimmigrant spouse:

• Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Has 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 (AC21). AC21 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.

The new immigration reform – 2014 will streamline legal immigration to boost our economy and promote naturalization by providing portable work authorization for high-skilled workers awaiting LPR status and their spouses.

The DHS has finally extended the eligibility for employment authorization to certain H-4 dependent spouses of H-1B visa holders seeking employment-based lawful permanent resident (LPR) status (https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-04042.pdf).

Eligibility for EAD for H4 Visa Holders

1.H4 Visa holder is the Spouse of an H1-B Visa holder.
2.The H1-B is the principal beneficiaries of an approved I-140 petition. or
3.The H1-B is the beneficiary of 106(a) and (b) of the AC21 Act.

AC 21 Sec 106(a) & (b)  :

• a) the H-1B non-immigrant is the beneficiary of an employment-based (EB) immigrant petition or an application for adjustment of status; and
• (b) Three hundred sixty-five days or more have passed since the filing of a labour certification application, Form ETA 750, required for the alien to obtain status as an EB immigrant, or 365 days or more have passed since the filing of the EB immigrant petition.