H-4 Spouses Can Now Apply for Work Authorization

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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