Overview of the H-4 EAD Rule

As reported in our February 24, 2015 NewsAlert, the U.S. Department of Homeland Security will allow certain H-4 spouses to apply for EAD (Employment Authorization Document). The final rule will go into effect on May 26, 2015.

Effective May 26, 2015, USCIS will begin accepting employment authorization applications from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent residence status. An extended eligibility for employment authorization to certain H-4 dependent spouses allows these beneficiaries to work in the United States and contribute financially to their households. Unlike H-1B petition, the EAD would provide the H-4 spouse unrestricted employment authorization and can be used to work full or part time with any employer in any occupation or field.

It is important to understand that not all H-4 dependents will qualify to apply for EADs. For a H-4 dependent to qualify under this rule, the principal H-1B spouse must either: 

• Be the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or 
• Have been granted H-1B status beyond six years based on American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). 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.

In order to obtain an EAD, the H-4 spouse must file an application for employment authorization with supporting documents and a filing fee. This application must be accompanied by evidence that both the H-1B principal applicant and the H-4 spouse have maintained valid nonimmigrant status along with documentation to prove eligibility i.e. copy of I-140 approval notice, receipt number of the approved/pending I-140, copy of the pending PERM application, copies of previous I-94 cards, copies of previous H-1B approval notices, etc.

USCIS expects to receive 179,600 employment authorization applications from eligible H-4 dependents in the first year and 55,000 annually in subsequent years. According to USCIS this change will not only bring economic stability to eligible households, but it will also promote U.S. economic growth and job creation by maintaining these highly skilled workers and the contributions these make to entrepreneurship and science.

The current processing times of EAD is approximately 90 days and we anticipate H-4 EADs to be adjudicated in a similar timeframe. As is the case now, premium processing will not be available for EAD applications.

We at Sharma Law Offices, LLC are excited to see that the long overdue H-4 EAD rule is finally being implemented by the USCIS. We are available to discuss your eligibility for an EAD and assist you in the filing process for this newly available benefit. Please contact us if you should have any questions in which we may be able to help you.