US Citizenship and Immigration Services (USCIS) Director
León Rodríguez announced on February 24, 2015, that,
effective May 26, 2015, the Department of Homeland Security (DHS)
is extending eligibility for employment authorization to certain
H-4 dependent spouses of H-1B non-immigrants who are seeking
employment-based lawful permanent resident status.
Focal point of immigration reform
The DHS amended the regulations to allow these H-4 dependent
spouses to accept employment in the United States. Finalizing the
H-4 employment eligibility was an important element of the
immigration executive actions President Obama announced in November
2014. Extending eligibility for employment authorization to certain
H-4 dependent spouses of H-1B non-immigrants is one of several
initiatives underway to modernize, improve and clarify visa
programs to grow the US economy and create jobs.
"Allowing the spouses of these visa holders to legally work
in the United States makes perfect sense," Rodríguez
said. "It helps US businesses keep their highly skilled
workers by increasing the chances these workers will choose to stay
in this country during the transition from temporary workers to
permanent residents. It also provides more economic stability and
better quality of life for the affected families."
Eligible individuals include certain H-4 dependent spouses of
H-1B non-immigrants who:
are the principal beneficiaries of an approved Form I-140,
Immigrant Petition for Alien Worker; or
have 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 by the 21st
Century Department of Justice Appropriations Authorization
Act, (which permits H-1B non-immigrants seeking lawful
permanent residence to work and remain in the United States beyond
the statutory six-year limit in H-1B status).
Under the above-mentioned provisions, eligible H-4 dependent
spouses must file Form I-765, Application for Employment
Authorization, with supporting evidence and the required $380
filing fee in order to obtain employment authorization and receive
a Form I-766, Employment Authorization Document (EAD). The USCIS
will begin accepting applications on May 26, 2015. Once the USCIS
approves the Form I-765 and the H-4 dependent spouse receives an
EAD, s/he may begin working in the United States.
This legal update was prepared by Roger Mensch, US
immigration law advisor and US-licensed attorney, with the
participation of Jean-Philippe Brunet, partner.
Norton Rose Fulbright Canada LLP
Norton Rose Fulbright is a global legal practice. We provide
the world's pre-eminent corporations and financial institutions
with a full business law service. We have more than 3800 lawyers
based in over 50 cities across Europe, the United States, Canada,
Latin America, Asia, Australia, Africa, the Middle East and Central
Recognized for our industry focus, we are strong across all
the key industry sectors: financial institutions; energy;
infrastructure, mining and commodities; transport; technology and
innovation; and life sciences and healthcare.
Wherever we are, we operate in accordance with our global
business principles of quality, unity and integrity. We aim to
provide the highest possible standard of legal service in each of
our offices and to maintain that level of quality at every point of
Norton Rose Fulbright LLP, Norton Rose Fulbright Australia,
Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South
Africa (incorporated as Deneys Reitz Inc) and Fulbright &
Jaworski LLP, each of which is a separate legal entity, are members
('the Norton Rose Fulbright members') of Norton Rose
Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein
helps coordinate the activities of the Norton Rose Fulbright
members but does not itself provide legal services to
The content of this article is intended to provide a
general guide to the subject matter. Specialist advice should be
sought about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
Canada received more than 320,000 immigrants in the last 12 months, approaching levels not seen since the early 20th century. The per capital immigration rate at .88%, is consistent with previous Liberal government policies.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).