Certain H-4 Dependent Spouses can apply for Employment Authorization

Effective May 26, 2015, eligible H-4 dependent spouses of certain H-1B nonimmigrants may apply for employment authorization. Those eligible include H-4 dependent spouses of principal 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 in the US under the 21st Century Department of Justice Appropriations Authorization Act (AC21). AC21 permits H-1B workers seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.