ARTICLE · 09 MARCH 2015

Immigration Alert: Employment Authorization For Certain H-4 Dependent Spouses

Waller Lansden Dortch & Davis

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Under the new rule, eligible H-4 spouses will be able to file applications for employment authorization on or after May 26, 2015.

United StatesImmigration

In a policy shift aimed at providing families with more economic flexibility during the often lengthy green card application process, the U.S. Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants seeking employment-based lawful permanent resident status will be eligible to apply for employment authorization. This change will apply only to H-4 dependents married to H-1B nonimmigrants who either:

Possess approved I-140 immigrant petitions; or
Have been granted one-year H-1B extensions because 365 days or more have elapsed since the filing of a labor certification application or immigrant visa petition.

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