On February 24, 2015, USCIS announced that certain H-4 spouses will be eligible to apply for work authorization beginning May 26, 2015. Eligible H-4 spouses include those whose H-1B spouse is the beneficiary of an approved I-140 or whose H-1B spouse has been granted H-1B status under AC 21 and is eligible to extend their status past the 6 year max. USCIS will be releasing a new form I-765. Please contact our office if you think your spouse is eligible and interested in gaining work authorization.
For U.S. employers there will be a renewed sense of urgency from foreign born workers to commence green card processing. Additionally, employers will need to consider their approach to supporting spousal EAD applications and whether they will pay for the process, which is akin to L-1 and E spouses receiving work authorization. We are of course available to speak with HR/management regarding these policy implications.
“This Newsletter is provided for information purposes only, and is not intended to provide legal advice.”