On Tuesday, February 24, the United States Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, USCIS will begin accepting applications for work authorization of H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 immigrant petition, and those approved for H-1B status beyond the normal six-year maximum under the "AC21" law.
Eligibility: The DHS announcement states that H-4 dependent spouses will be eligible to apply for work authorization if they meet the following criteria. Applicants must be spouses of H-1B nonimmigrants who:
- Are the principal beneficiaries of an approved Form I-140, Petition for Immigrant Worker, or
- Are in extended H-1B status under section 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21).
Application Process: I-765 Applications for Work Authorization can be filed no earlier than May 26, 2015. DHS will permit H-4 dependent spouses either to file a "stand alone"; Form I-765 application for employment authorization or to file their Form I-765 application concurrently with their Application to Extend/Change Nonimmigrant Status (Form I-539), and if applicable their spouses' Form I-129 petition. Eligible applicants must submit the following with their application:
- Required $380 filing fee;
- Evidence of the spousal relationship to the principal H-1B; and
- Copy of approved I-140 for principal H-1B spouse, or evidence that principal H-1B spouse has been granted H-1B extension beyond six years under the AC21 Act.
H-4 applicants under this new rule will not be allowed to commence employment until the application for employment authorization is approved. Once the application is approved, the H-4 dependent spouse will be eligible to work in the United States without restrictions, will be able to apply for a Social Security number, and in some states, apply for a driver's license.
Now is a good time to contact your Baker Donelson Immigration Group attorney to discuss this new rule. Remember, any applications received by USCIS before May 26, 2015 will be rejected.