DHS Extends Eligibility for EmploymentAuthorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants SeekingEmployment-Based Lawful Permanent Residence
U.S.Citizenship and Immigration Services (USCIS) announced today (Feb. 24, 2015)that, effective May 26, 2015, the Department of Homeland Security (DHS) isextending eligibility for employment authorization to certain H-4 dependentspouses of H-1B nonimmigrants who are seeking employment-based lawful permanentresident (LPR) status. DHS amended the regulations to allow these H-4 dependentspouses to accept employment in theUnited States.
Eligibleindividuals include certain H-4 dependent spouses of H-1B nonimmigrantswho:
Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
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. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United Staes beyond the six-year limit on their H-1B status.
DHS expects this change willreduce the economic burdens and personal stresses H-1B nonimmigrants and theirfamilies may experience during the transition from nonimmigrant to lawfulpermanent resident status, and facilitate their integration into Americansociety. As such, the change should reduce certain disincentives that currentlylead H-1B nonimmigrants to abandon efforts to remain in theUnited Stateswhile seeking lawful permanentresidence, which will minimize disruptions toU.S.businesses employing them. Thechange should also support theU.S.economy because the contributions H-1B nonimmigrants make to entrepreneurshipand science help promote economic growth and job creation. The rule also willbringU.S.immigration policies more in line with those laws of other countries thatcompete to attract similar highly skilled workers.
Under the rule, eligible H-4dependent spouses must file Form I-765, Application forEmployment Authorization, with supporting evidence and the required $380 fee in order to obtain EAD. USCIS will begin accepting applications on May26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spousereceives an EAD, he or she may begin working in theUnited States.
USCIS estimates the number ofindividuals eligible to apply for employment authorization under this rulecould be as high as 179,600 in the first year and 55,000 annually in subsequent years.
