This is a long awaited benefit that many H-4 dependent spouses were looking forward to. Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can apply for employment authorization byfiling I-765, Application 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 Petition for an Alien Worker: or
• Has been granted H-1B extensions beyond 6 years based on a PERM labor certification or I-140 pending for at least 365 days.

Please contact the Firm if you need additional information.