For years, dependents of H-1B visa holders were not allowed to work in the United States. Changes to this rule, however, will soon be coming. Recently, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is expanding eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants.

Who is Eligible for H-4 Work Authorization?

Notably, the revised rule does not provide employment authorization for every H-4 dependent. Instead, only H-4 dependent spouses of H-1B nonimmigrants who seek employment-based lawful permanent resident status will qualify. Specifically, eligible individuals include only H-4 dependent spouses where the H-1B nonimmigrants:

• Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or

• Are eligible for H-1B status beyond the six-year term under the American Competitiveness in the Twenty-first Century Act of 2000.

Purpose and Impact of New Rule

Extending employment authorization to certain H-4 dependents was part of President Obama’s executive action plan on immigration that he announced in November 2014. USCIS Director León Rodríguez said the new regulation makes “perfect sense.” In this regard, he stated, “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents.”

How Does an H-4 Dependent Apply for Work Authorization?

In order for a qualified H-4 dependent spouse to apply for work authorization, applicants must file Form I-765, Application for Employment Authorization, with supporting documentation. The fee for the application and for the employment authorization document is $380. Required documentation includes a copy of one’s Form I-94, a copy of one’s last EAD (if there is one), and two identical color photographs taken within the last 30 days of filing one’s application

Applications will be accepted by the USCIS starting May 26, 2015. Once an application is approved, an H-4 dependent spouse may commence work in the U.S. under the employment authorization document. Importantly, even if the application is approved, one should not start work prior to the effective date on the employment authorization document. Generally, USCIS will issue an EAD to an eligible H-4 dependent spouse for a period that matches the H-4 spouse’s remaining authorized period of admission, which may be as long as three years. This will likely reduce the number of times that an H-4 dependent spouse will need to request renewal of employment authorization.

Contact a Chicago, Illinois Immigration Attorney

If you have any questions regarding the new rules permitting H-4 dependents to obtain work authorization, a Chicago immigration attorney can answer your questions. At Katz Law Office, Ltd., our Illinois immigration attorneys have experience in variety of immigration services, including visa assistance and deportation defense.

Contact our experienced Chicago immigration attorneys today for a free consultation and case evaluation. We have several offices located throughout the Chicagoland area.