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Extending Employment Authorization to H-4 Dependent Spouses of Certain H-1B Workers

The Department of Homeland Security’s (DHS) regulatory change will extend employment authorization eligibility to H-4 spouses of certain H-1B workers who have already started the process of seeking employment-based lawful permanent resident status. Applications for employment authorization for eligible H-4 spouses will be accepted beginning May 26, 2015.

Eligible individuals include H-4 dependent spouses of certain H-1B workers who:

(a) Have an approved Form I-140, Immigrant Petition for Alien Worker; or (b) Have been granted H-1B status in the U.S. under 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 workers seeking lawful permanent residence to work and remain in the U.S. beyond the six-year limit.

Please contact our office for assistance in applying for H-4 employment authorization, or if you have questions about the eligibility requirements.

More information is available on the following website.

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