Employment Authorization For Certain H-4 Dependent Spouses
Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants may apply for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B nonimmigrant is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; OR H-1B non immigrant has 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 (AC21). AC21 permits H-1B nonimmigrants seeking a lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.