STARTING May 26, 2015 the Department of Homeland Security US Citizenship and Immigration Services began accepting applications for employment authorization from certain H-4 dependent spouses of H-1B non-immigrants who are seeking employment-based lawful permanent resident status.
Eligibility Requirements. DHS amended the regulations to allow certain individuals to accept employment in the United States as follows:
Certain H-4 dependent spouses of H-1B non-immigrants who are the principal beneficiaries of an approved form I-140, Immigrant Petition for Alien Worker; OR
Certain H-4 dependent spouses of H-1B non-immigrants who have been granted H-1B status under AC21, permitting H-1B non-immigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.
Once USCIS approves an application for employment authorization, the applicant H-4 dependent spouse may begin working in the United States.
The Department of Homeland Security expects this change will reduce the economic burdens and personal stresses H-1B non-immigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status, and facilitate their integration into American society.
Some Frequently Asked Questions (FAQs) released by USCIS:
i. Is this a one-time opportunity (to apply for employment authorization)? No. If you are a H-4 nonimmigrant who obtains employment authorization under the new regulation, you may file to renew your employment authorization and receive a new employment authorization document as long as you remain eligible for employment authorization under the regulations.
ii. Do I need to be in the United States to apply? Yes. An applicant under the new regulations must be in the United States to apply for employment authorization, and must be in H-4 status to be eligible for employment authorization.
iii. Is there a cap? No, there is no cap on employment authorization applications filed based on H-4 dependent spouse eligibility under the new regulations.
iv. What is the validity date of my employment authorization document when the application is approved? The employment authorization will be valid beginning on the date that USCIS adjudicates the employment authorization application or the date the applicant acquires his or her qualifying H-4 status, whichever is later. The employment authorization document will expire when the applicant’s H-4 nonimmigrant status expires.
v. Will I be able to use my employment authorization document to enter and exit the country? No. An employment authorization document issued to an H-4 dependent spouse under the new regulations is not an entry document. If you are in an H-4 nonimmigrant status and depart the United States, you must use your valid passport and H-4 nonimmigrant visa or other travel document to return to the United States.
Beware of Scams. Those who might be eligible for any immigration benefit or program should consult with an experienced, licensed immigration attorney to obtain an in-depth consultation about the law, what the law requires, and how to proceed. In addition, people should be wary of online tools that offer immigration help or notarios who are not licensed to practice law.
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Atty. Lilli A. Baculi is an associate attorney in Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; [email protected]
