Certain H-4 Spouses Can Apply

APRIL 2015

Certain H-4 Spouses Can Apply for Work Authorization Starting May 26

A new rule goes into effect on May 26, 2015, that will permit H-4 spouses of certain H-1B employees to apply for an Employment Authorization Document (EAD). Currently, H-4 spouses are not permitted to work. Under the new rule, in order to obtain work authorization, the H-4 spouse must establish one of two requirements: (1) that the H-1B worker is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or (2) that the H-1B worker has an approved H-1B extension of stay because he or she is the beneficiary of a permanent labor certification application or an employment-based immigrant petition that was filed at least 365 days prior to reaching the end of the sixth year of H-1B status. The H-4 spouse’s work authorization will coincide with the duration of time given to the H-1B worker. It is expected that the rule will help alleviate the long wait H-4 spouses must endure before securing work authorization through their H-1B worker spouse’s application for permanent residency. The government’s plan to finalize this rule was announced by President Obama in the context of his November 2014 Executive Action on Immigration.

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