Employment Authorization for Certain H-4 Dependent Spouses

Great news! Finally it came into effect that H-1B workers’ spouses can apply employment authorization! Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can apply  for employment authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident (LPR) status.

Requirement:

You are eligible if you are the H-4 dependent spouse of an H-1B nonimmigrant 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 AC21. The AC21 permits H-1B nonimmigrants seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.

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