Tuesday, February 24, 2015

Newsflash – DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses

On Tuesday, February 24th, the Department of Homeland Security (DHS) announced that it will be extending eligibility for employment authorization to H-4 dependent spouses of H-1B workers who:
  • Hold an approved immigrant visa petition (Form I-140); or
  • Were granted H-1B status under sections 106(a) or 106(b) of the American Competitiveness in the Twenty-first Century Act of 2000, which allows H-1B extensions beyond the six-year limit for certain H-1B holders seeking permanent residence.
Authorizing the H-4 employment eligibility represents an important element of the executive action plan for immigration announced by President Barack Obama in November 2014.  DHS also expects the decision will help reduce the economic burdens and personal stresses H-1B nonimmigrant workers and their families may experience during the transition from nonimmigrant to LPR status.
USCIS will start accepting EAD applications by eligible H-4 holders on May 26, 2015.  If you have questions about your eligibility for an EAD, please contact your attorney at Sostrin Immigration Lawyers or e-mail us at

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