Breaking News 02.26.2015

Employment Authorization for Certain H-4 Spouses

Effective May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will extend employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants.

Eligible individuals include H-4 spouses who:

  • Whose H1B spouse is the named beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Whose spouse has been granted H-1B status beyond the normal six-year limit.

According to Director Leon Rodriguez, "Allowing the spouses of these visa holders to legally work in the United States makes perfect sense. It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families."

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 and applications should not be submitted before that date. 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.

USCIS estimates the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years. For more information see the uscis.gov website.

Attorney Speaking Engagements

Ware|Immigration attorneys frequently present at regional and national conferences. They also have speaking engagements at various universities and corporations across the nations.

If you are interested in attending one of the presentations or inviting an attorney to speak at your business, please contact [email protected] to discuss possibilities.

Here are some of the upcoming engagements.

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