Member Article

 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.

Under the new rule, eligible H-4 spouses will be able to file applications for employment authorization on or after May 26, 2015. Once USCIS approves the application, an Employment Authorization Document will be issued to the H-4 dependent spouse, allowing him or her to work with any employer in the United States.

Currently, H-4 dependent spouses are not eligible to apply for employment authorization until the green card/adjustment of status application has been filed. USCIS has released estimates that the rule change could allow as many as 179,600 dependent spouses to apply for employment authorization this year.

For additional information on changes to H-4 dependent employment authorization, please contact Vinh Duong at 615.850.8936 or Nora Katz at 615.850.8730 in Waller’s Immigration practice.

 

Footnotes: The opinions expressed in this bulletin are intended for general guidance only. They are not intended as recommendations for specific situations. As always, readers should consult a qualified attorney for specific legal guidance.