United States Citizenship and Immigration Services (USCIS) has announced that, beginning on May 26, 2015, certain dependent spouses of H-1B nonimmigrants will be eligible to apply for work authorization if the H-1B holder is an applicant for an employment-based green card.

More specifically, H-4 spouses will be eligible to apply for an Employment Authorization Document (EAD) if the H-1B holder: 

• is the principal beneficiary of an approved Form I-140, Immigrant Petition; or 
• has received a one-year extension of H-1B status beyond the sixth year under the American Competitiveness in the Twenty-First Century Act (AC-21), based on a filed I-140 or labor certification application.

Please note that H-4 children are not eligible for work authorization.

Under the rule, eligible H-4 dependent spouses must file an Application for Employment Authorization (EAD), with the required supporting evidence. Once USCIS approves the application and the H-4 dependent spouse receives an EAD, he or she has authorization to work in the United States.

If you have any questions, please contact the Pryor Cashman legal professional with whom you work.