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 lpetersen@lindner-marsack.com or swood@lindner-marsack.com, or any other attorney you have been working with here at Lindner & Marsack, S.C.