On February 24th, 2015, the USCIS announced that it will permit the H-4 spouses of certain H-1B holders to receive employment authorization in the United States.
Prior to this, the foreign spouse in H-4 status was not eligible for employment authorization in the United States.
This blog will explain this new rule.
What is an H-4 Visa?
- The H-4 Visa is a visa that is issued by the USCIS to the immediate family members of an H-1B Visa holder.
Who is eligible from this new rule?
- In order to qualify, one must meet either of these two requirements:
- Applicant must have an approved I-140 from the H-1B beneficiary.
- Applicant must have qualified to extend their Visa status due to the 21st Century Competitive Act, which means that they must have a Labor Certification filed at least one year ago.
Will employers be affected by this new rule?
- No, this will not affect employers at all.
Does the employer have to pay the fees incurred by this new rule?
- No, the employer is not requires to cover the expenses related to H-4 employment authorization.
When will the USCIS start accepting application?
- The USCIS will start accepting (I-765) applications on May 26th, 2015.
How do I apply?
- Call our office in San Jose, San Francisco or Pasadena today to consult with our attorneys about this new rule.
