Effective 26 May 2015, The Department of Homeland Security (DHS) will finally extend employment eligibility for certain H-4 dependent spouses of H-1B nonimmigrants who have applied for lawful permanent resident (LPR) status.
Who Benefits?
H-4 visa holders eligible for employment authorization are spouses of H-1B visa holders who have:
It is expected that the persons who will benefit most from these provisions are spouses of J-1 physicians who are fulfilling their J-1 waiver commitment of three years, persons born in India and China in the EB2 (employment based second preference) category and all persons in the EB3 (employment based third preference) category born in all countries.
Eligible dependent spouses without H4 status may concurrently request a change of status to H-4 and employment authorization.
How Do Eligible Spouses Apply?
To obtain an Employment Authorization Document (EAD), eligible H-4 spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee.
Timing
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