DHS Extends Employment Authorization Eligibility to Certain H-4 Spouses of H-1B Nonimmigrants
Today, U.S. Citizenship and Immigration Services (USCIS) announced that effective May 26, 2015, Department of Homeland Security (DHS) is extending eligibility for employment authorization to specific H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status.
Individuals eligible for this benefit include specific H-4 dependent spouses of H-1B nonimmigrants who (1) are the principal beneficiaries of an approved I-140, Immigrant Petition for Alien Worker; or (2) have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000, as amended by the 21st Century Department of Justice Appropriations Authorization Act. This Act authorizes H-1B nonimmigrants seeking lawful permanent residence to be employed and to stay in the U.S. for longer than the six-year period as allowed by their H-1B status.
This new modification will allow U.S. businesses to maintain their highly skilled workers, and provide more economic stability by increasing the contributions of H-1B nonimmigrants to society and stimulating economic growth and job creation. This change will also decrease the economic and personal burdens on H-1B nonimmigrants and their families during their transitional phase from nonimmigrant to LPR status. Moreover, it will assist such nonimmigrants and their families to integrate into American society.
Beginning on May 26, 2015, USCIS will accept applications for such an extension. Eligible H-4 dependent spouses must file I-765, Application for Employment Authorization, with supporting documents and a filing fee of $380, so as to obtain employment authorization. After USCIS approves the I-765 application, the H-4 petitioner will receive an Employment Authorization Document (EAD) and will be eligible to start working in the U.S.
Based on USCIS estimates, as many as 179,600 individuals would qualify to apply for employment authorization under this new rule in the first year, and 55,000 annually in the following years.