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President's Executive Action: Employment Authorization for Certain H-4 Dependent Spouses, Posted May 22, 2015

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.

information provided here is of general nature and should not be constructed as legal advice.matters in personal historyor a perticular situation may affect eligibility to recive immigration benfits in a perticular situation.Information is updated peroidically and may not be current at all time.