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ARTICLE · 27 FEBRUARY 2015

H-4 EAD Applications Accepted Beginning May 26, 2015: Are You That "Certain Spouse"?

Fox Rothschild LLP
Fox Rothschild LLP
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Are you that "certain someone"? That "certain spouse" of an H-1B worker who will be eligible for H-4 work authorization?

United StatesImmigration
Catherine Wadhwani
Catherine Wadhwani
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Are you that "certain someone"?  That "certain spouse" of an H-1B worker who will be eligible for H-4 work authorization?  Not sure?  Here's the scoop.

At long last, on Wednesday, February 25, 2015, the US Department of Homeland Security (DHS) published a Federal Register Notice captioned, "Employment Authorization for Certain H-4 Dependent Spouses; Final Rule".   Per the much-awaited Notice, on May 26, 2015 (NOT earlier), USCIS will begin accepting applications from eligible applicants in H-4 status, but H-4 work authorization will not be available to all who hold H-4 status.  The chosen few, those "certain spouses" who will be eligible for H-4 work authorization include:

  • An H-4 spouse of an H-1B worker with an approved I-140, or

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