 Eligible H-4 dependent spouses may now apply for employment authorization (EAD/work permit) under the H-4 rule (explained in an earlier blog post). On February 24, 2015, USCIS announced that the Department of Homeland Security (DHS) would begin accepting applications for employment authorization from certain H-4 spouses on May 26, 2015.
Starting today, you may apply for employment authorization under this rule if your H-1B spouse has: (a) an approved I-140 (petition for immigrant worker) or (b) an extension of H-1B status past the initial 6-year limit The H-4 spouse can apply for work authorization using Form I-765, available here. The application can be filed with another petition (e.g. extension/change of status), or separately. The H-4 spouse can start working when they receive their Employment Authorization Document, which will be valid for the remainder of the H-4 status - up to three years. The EAD allows for open market employment, in any field. For more information on applying for employment authorization under the H-4 rule, please visit the Employment Authorization for Certain H-4 Dependent Spouses Web page and the USCIS list of Frequently Asked Questions.
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U.S. Citizenship and Immigration Services (USCIS) has unexpectedly announced that it will temporarily suspend premium processing for all H-1B Extension of Stay petitions starting on May 26, 2015. The suspension will continue through July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of H-1B status. The announcement only applies to extension requests.
Any Premium Processing requests filed before May 26 will be honored, although the announcement continues to state that USCIS will refund the premium processing fee if:
This temporary suspension will apparently allow USCIS to implement the Employment Authorization for Certain H-4 Spouses final rule in a timely manner and adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations. Please contact us if you have any questions about the new announcement.  The US Citizenship and Immigration Services (USCIS) agency has finally approved draft regulations that would allow some spouses of H-1B workers to get work authorization. The regulations, which were first proposed in 2011, will allow these H-4 holders to apply for work authorization if their H-1B spouses have reached a certain point in the permanent residence (green card) process. The changes are an important part of president Obama's executive Action, discussed in this earlier blog post.
If the H-1B worker has either: (a) an approved I-140 (petition for immigrant worker) or (b) an extension of H-1B status past the initial 6-year limit the H-4 spouse can apply for work authorization using Form I-765. They can start working when they receive their Employment Authorization Document (EAD) that will be valid for the remainder of the H-4 status - up to three years. USCIS will begin accepting EAD applications from H-4 spouses on May 26, 2015. The application is made on Form I-765. It can be filed alone, or with an application to change status (e.g. from L-2), or with some applications to extend H-4 status. More information Advance copy of regulations DHS Press Release. |
AuthorElaine Martin has been practising US and global immigration law since 1997. She is an immigrant herself (from Ireland), so has a special understanding of the legal and emotional challenges involved in relocating to a new country. 
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