Beginning on May 26, 2015. Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:
- Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Have received an extension beyond their 6th year H-1B status pursuant to AC21.
H-4 dependent spouses will have to file USCIS form I-765. The USCIS will begin receiving the applications on May 26, 2015. Any application received prior to May 26, 2015 will be rejected. The application for the EAD must be approved and the spouse must receive the EAD card prior to the spouse working. The government filing fee will be $380.00.
The USCIS expects this change will reduce the economic burdens and personal stresses H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status, and facilitate their integration into American society. As such, the change should reduce certain disincentives that currently lead H-1B nonimmigrants to abandon efforts to remain in the United States while seeking lawful permanent residence.
Children are not eligible for the EAD.
The following documentation will be required (copies of):
- Passport and I-94 for the H-4 dependent spouse;
- Two passport photos for the H-4 dependent spouse;
- H-4 approval notices for dependent spouse if any;
- H-1B approval notices for H-1B holder;
- Last 3 earning statements for H-1B holder;
- Marriage Certificate;
Please contact our office to begin the EAD application process. We will update you if any additional documents are required at that time.