USCIS announced today that spouses of certain H-1B visa holders working in the U.S. will soon be able to apply for work authorization of their own. Details on this new regulation will be published in the Federal Register tomorrow, but here’s what we know now.
In order for the spouse in H-4 status to apply, the spouse in H-1B status must be eligible for H-1B visa extensions based on either of the following:
- An approved I-140 employment immigrant petition; or
- A filed Labor Certification application before the end of the 5th year in H-1B status.
Applications for H-4 work authorization will be accepted on May 26, 2015, but not before that date.
We know that people are eager to learn more about whether their spouse can receive work authorization under this new rule. We are offering a free teleconference to explain the details on March 12, 2015 at 12:00 pm MDT. To register and receive instructions for accessing the free teleconference, please RSVP here.