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Employment Authorization for Certain H-4 Dependent Spouses


With the passage of new USCIS regulations, some H-4 dependent spouses of H-1B nonimmigrant visa holders may be eligible to apply for employment authorization from the Department of Homeland Security starting May 26.

Certain individuals looking for employment-based legal permanent resident status can apply if their H-1B nonimmigrant spouse is the main beneficiary of an approved Form I-140 Immigrant Petition for Alien Worker or if their spouse was granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-First Century Act of 2000 as amended by the 21 Century Department of Justice Appropriations Authorization Act (AC21). AC21 allows for H-1B nonimmigrants to seek lawful permanent residents to work and live in the U.S. past the six-year limit of their H-1B status.

For further information on applying for work authorization under the new H-4 rule, go to the Employment Authorization for Certain H-4 Dependent Spouses Web Page under the list of Frequently Asked Questions which we have compiled since the H-4 program was first announced last February.

If you need to determine your eligibility, speak with our Dallas immigration attorneys at Mathur Law Offices, P.C. right away!