On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) issued final amended regulations, revising 8 C.F.R. Parts 214 and 274a. The revised regulations extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. Eligible individuals include H-4 dependent spouses of H-1B nonimmigrants who either (1) are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or (2) have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000.
H-4 dependent spouses may file Form I-765, Application for Employment Authorization, with supporting evidence and the required fee beginning on May 26, 2015. Forms I-765 may be filed concurrently with an Application to Extend/Change Nonimmigrant Status (Form I-539).
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