The Immigration Service has announced that effective May 26, 2015, certain H-4 dependent spouses of H-1B visa holders will be able to apply for an Employment Authorization Document (EAD). This does NOT apply to all H-4 dependent spouses. They will be eligible only in the following situations:

Where the H-1B principal is the beneficiary of an approved I-140 Immigrant Visa Petition,

or

Where the H-1B principal is the beneficiary of an Application for Labor Certification OR an Immigrant Visa Petition which has been pending with the Immigration Service for more than 365 days AND as a result has been granted an extension of stay beyond the normal six year limitation.

In order to obtain the EAD, the applicant must submit Form I-765, Application for Employment Authorization together with the filing fee (currently, $380).

It will not be possible to submit the Application before May 26, 2015.

We expect more specific guidance to follow in the coming weeks. In the meantime, please contact our office if you have any questions.