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In our
recent bLAWg post on December 10, 2014, we mentioned the possibility of work authorization being extended to certain H-4 dependents in the near future.
As we predicted, H-4 work authorization has been enacted and, beginning May 26, 2015, the U.S. Citizenship and Immigration Services (USCIS) will be accepting Applications for Employment Authorization for eligible individuals.
To qualify, applicants must:
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Be in valid H-4 status; and
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Have a spouse in valid H-1B status, who has either an approved Form I-140, Immigrant Petition for Alien Worker, or an approved Form I-129, Petition for a Nonimmigrant Worker, granting H-1B status past the six-year limitation.
It is important to note that applicants will not be permitted to commence employment until the Application for Employment Authorization is approved and an Employment Authorization Document (EAD Card) is issued.
Processing times are expected to range from 3–5 months. Need assistance with filing for H-4 work authorization?
GoffWilson is here to help! Please contact our office today for more information.