- USCIS Issues Guidance for H-4 Spousal Work Authorization - Applications Begin To Be Accepted May 26th
- May 25, 2015
- Law Firm: Foster LLP - Houston Office
- The Department of Homeland Security (DHS) has implemented a regulatory change that will go into effect May 26th that grants employment authorization benefits to certain H-4 spouses of H-1B nonimmigrants working in the United States. Pursuant to this regulatory change, the U.S. Citizenship & Immigration Services (CIS) has recently published guidance and FAQs that outline the filing process and requirements.
Beginning Tuesday, May 26th, the CIS will accept applications from qualifying H-4 nonimmigrants for an Employment Authorization Document (EAD). To be eligible, the H-4 nonimmigrant must be the spouse of a principal H-1B nonimmigrant who:
- Is the principal beneficiary of an approved I-140 Immigrant Visa Petition; or
- Has been granted an extension of H-1B nonimmigrant status beyond the normal six-year limitation on H-1B eligibility under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC-21).