Certain H-4 Dependent Spouses Will Be Eligible To Request Employment Authorization Beginning May 26, 2015

The long awaited change provides an incentive to highly educated and skilled foreign nationals to remain in the U.S. and continue working for their U.S. employers. USCIS states that the "lack of employment authorization for H-4 dependent spouses often gives rise to personal and economic hardships for the families of H-1B nonimmigrants," which can persist for many years depending on the employment-based immigrant visa category they are in. This policy will not only provide economic stability and better life quality to nonimmigrant workers, but it will also benefit U.S. companies hiring them by minimizing disruptions to their operations.

Eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization with USCIS, together with supporting documentation and filing fee of $380. They must receive the I-797 approval notice and Employment Authorization Document card in the mail before they begin working.