H-4 Dependents’ eligibility to have a Work Permit (EAD)

Based on President Obama’s Executive Action announced in November 2014, USCIS has recently expanded the eligibility for the Employment Authorization Document filing on February 24, 2015.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” USCIS Director Leon h4visaholder_work_authorization-e1372649234387Rodríguez said. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”

With the change, certain H-4 dependents are eligible to file for an EAD.  To be eligible, an individual must be the H-4 dependent spouse of an H-1B visa-holder who is (1) the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or (2) has received extended H-1B status beyond the six-year limit based on AC 21 (American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act) – which is a Labor Certification application or an I-140 pending at least 365 days.

USCIS will begin accepting these eligible H-4 dependents’ EAD applications on May 26, 2015. Please note that H-4 dependents’ EAD applications submitted before May 26, 2015 will be rejected.

Please stay tuned and contact the experienced lawyers at Just Law International, P.C. to prepare and file your H-4 spouses’ new EAD application.

Please consult an attorney for advice about your individual situation.  The information provided on this site is not legal advice, nor is it intended to be.  You are welcome to get in touch with our law firm by electronic mail, letters, or phone calls.  Contacting us does not create an attorney-client relationship.  Until an attorney-client relationship is established, please withhold from sending any confidential information.

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