USCIS will begin accepting applications for work authorization for certain dependent spouses of H-1B holders on May 26, 2015, according to an announcement from USCIS Director, León Rodríguez. The long-awaited regulation extends eligibility for employment authorization to H-4 dependent spouses of H-1B nonimmigrants who (1) Are the principal beneficiaries of an approved Form I-140, Immigration Petition for Alien Worker; or (2) Have been granted H-1B status under sections 106(a) and (b) of the American Competiveness in the Twenty-First Century Act (AC21).
Under the rule, eligible H-4 dependent spouses must file Form I-765, Application of Employment Authorization, with supporting evidence and the required fee, on or after May 26, 2015. For more information on eligibility, please contact our office to schedule a consultation with an immigration attorney.