USCIS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants

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).

If you have questions about this material, please contact Laurie A. Petersen or Samantha J. Wood by email at or, or any other attorney you have been working with here at Lindner & Marsack, S.C.

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