Wednesday, May 20, 2015

Employment Authorization For Certain H-4 Dependent Spouses

Beginning May 26, 2015, certain H-4 dependent spouses of H-1B visa holders can file for employment authorization, as long as the H-1B visa holder has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B visa holder:
·         Is the principal beneficiary of an approved I-140 immigration petition; or

·         Has been granted H-1B status under sections 106(a) and (b) of the AC21. AC21 permits H-1B visa holders seeking lawful permanent residence to work and remain in the U.S. beyond the 6-year limit on their H-1B status.