H4 dependents of H1-B are now eligible for EAD (Employment Authorization)
First, let me say a big THANK YOU to President Obama and Department of Homeland Security for finally be able to amend the outdated immigration regulation favoring H4 dependents.
Effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for (EAD) employment authorization to certain H-4 dependent spouses of H-1B non-immigrants who are seeking employment-based lawful permanent resident status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B non-immigrants is one of several initiatives based on President Obama executive actions underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.
Eligible individuals include certain H-4 dependent spouses of H-1B non-immigrants who:
- Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
- H-1B non-immigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.
Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.
This rule is not considered effective until May 26, 2015.
Over to you
I am sure, this amendment brings joy to many of you on H-1B’s and H4’s. Now that one rule is amended, how confident are you that DHS will amend other immigration rules to support H-1B visa holders. What is your best expectation and how soon you see that happening? Sound off in the comment section.