Certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status will be permitted to apply to USCIS for an Employment Authorization Document (EAD) that will allow them to work in the United States. The H-1B should speak with the attorney assisting with her/his green card application for instructions on filing for an EAD.
H-4 dependent spouses of H-1B nonimmigrants will be eligible to apply for an EAD under the new rule if their H-1B spouse:
- Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Has 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 (That Act permits certain 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).
Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, s/he may begin working in the US.
If permission for employment is granted, an Employment Authorization Document (EAD) is issued and is valid for any kind of full-time or part-time employment for the period of time stated on the EAD.
The employment authorization is valid only if the H-1B Worker is maintaining status.
An H-4 spouse must file Form I-765 with all supporting documentation each time an extension of employment authorization is necessary. Since the EAD will generally not be issued for longer than the validity of the H-1B's Approval Notice, any necessary extension of stay of the H-1B must be processed prior to the application for extension of H-1B employment authorization.
An H-4 dependent will not be able to obtain a Social Security number unless in possession of an Employment Authorization Document (EAD).