DHS to Extend Eligibility for Employment Authorization for Some H-4 Dependent Spouses

On February 25, 2015, the Department of Homeland Security (DHS) announced that its newly amended regulations will extend, starting in May of this year, “eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status.” The amendment is part of President Obama’s executive orders, and should help immigrant families enjoy a more stable life here in America.

According to the government’s website, “eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

• Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.”

The goal of the change

Many immigrants face economic hardships when they come here because only one spouse is legally allowed to work, but it is much easier to live comfortably in a household with two incomes. By changing the rules to allow the spouses of H-1B immigrants to legally seek employment, the immigration authorities are acknowledging those difficulties while also doing something to help or alleviate them. The change should also encourage more H-1B holders to remain in America, which is good for our businesses and will help both spouses integrate more fully into their communities.

Starting on May 26^th, any H-4 dependent spouses who wish to work in this country must file Form I-765, Application for Employment Authorization, along with a check for $380 and all of the required documentation. Any applications filed before May 26^th will be rejected. Immigration lawyer Perry A. Craft can help you and your spouse with the application and can explain how the new rules will affect you. Please contact our office for more information.

The Law Office of Perry A. Craft

Perry Craft has dedicated his life to helping people. He’s tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and his education law practice has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Perry A. Craft.