Certain Spouses of H-1B Visa Holders in H-4 Status May Apply Now for Employment Authorization
In February, the USCIS under the Department of Homeland Security announced that certain H-4 dependent spouses of H-1B non-immigrants can now apply for employment authorization as long as the holder of the H-1B nonimmigrant has begun the process of seeking employment-based, legal permanent resident status.
Spouses of H-1B visa holders in the following categories may apply for employment authorization:
- Is a beneficiary of an approved I-140 form; or
- Has been granted H-1B visa 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, which permits nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the 6-year limit on their H-1B visa
Allowing these employment authorizations supports the goals of attracting and retaining skilled foreign workers. This action also minimizes the turnover for U.S. businesses that results from H-1B nonimmigrants who leave without pursuing residency.
This rule is part of the executive actions that President Obama announced in November 2014 in an effort to modernize and clarify visa programs to expand the U.S. economy.
Applicants will need to file a form I-765 starting on May 26, 2015, the date when the H-4 rule becomes effective, along with the $380 filing fee and proof of the applicant’s H-4 status and their spouse’s H1-B status. Your immigration law attorney can help you identify which documents you need to complete your application.
If your application is in order and submitted properly, it could be processed within 90 days, and they will be valid for a period of time that matches their spouse’s remaining authorized period of admission.
If you are an eligible spouse who is would like to obtain employment authorization, you can contact the Knoxville immigration law attorneys at LaFevor and Slaughter, who are prepared to help you gather the evidence and complete the application so that you can be ready to submit them in May when the USCIS begins receiving new applications.
As the Managing Attorney with LaFevor & Slaughter, Jason R. Hines handles new client consultations, strategic planning and implementation and represents clients in all the Firm’s practice areas.
As an attorney practicing law in Tennessee since 2009, Jason has represented clients from all walks of life in a wide range of cases in the State and Federal Courts of Tennessee. His practice areas include divorce, family law and immigration.