On February 25, the United States Department of Homeland Security (DHS) issued final regulations making H-4 dependent spouse status holders eligible for an employment authorization document (EAD) under two circumstances: 1) where the H-1B principal is the beneficiary of an approved I-140, Immigrant Petition for Alien Worker or 2) where the H-1B principle has been granted status pursuant to the 7th year extension provisions of Section 106(a) of the American Competitiveness in the 21st Century Act (AC21). The rule does not extend eligibility to H-4 dependents who are children. Eligible persons may file Form I-765, Application for Employment Authorization, concurrently with Form I-539, Application to Extend/Change Nonimmigrant Status. The effective date and of the rule is May 26, 2015, which will be the first day DHS will accept H-4 EAD applications. The rule was promulgated in 80 FR 10284.
H-4 nonimmigrant status is conferred on foreign nationals… Continue Reading