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.
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