H-4 Employment Authorization for Certain Spouses

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H-4 Employment Authorization for Certain Spouses

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Contributed by Melanie Corrin, Partner

United States Citizenship & Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015 the Department of Homeland Security (DHS) will begin allowing certain H-4 dependent spouses to apply for employment authorization.  The regulation change requires that the H-1B principle spouses are seeking employment-based lawful permanent resident (LPR) status.  DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States, after application to and approval from USCIS.

The two conditions under which an H-4 derivative spouse will be eligible to apply for an Employment Authorization Document (EAD) are when the principle H-1B Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or the principle has been granted H-1B extended status beyond the six-year limit due to a timely filed PERM or I-140 Petition.

If you believe you are eligible for this type of employment authorization, or have any questions on this new development, please call Joseph & Hall P.C.

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