Question:
As a H-4 dependent spouse of H-1B visa holder,
what is the qualification requirements for me to receive the Employment
Authorization (EAD) to work in U.S. legally?
Answer:
U.S. Citizenship and Immigration Services (USCIS) has announced that
after May 26, 2015, Employment Authorization (EAD) will be issued to
certain H-4 dependent spouses of H-1B nonimmigrants who are seeking
employment-based lawful permanent resident (Green Card) status.
Therefore, qualified H-4 dependent spouses can accept employment in the
United States.
USCIS believes that extending the eligibility for employment
authorization to certain H-4 dependent spouses of H-1B visa holders is
one of ways to improve U.S. visa programs and grow the U.S. economy,
and it also provides more economic stability and better quality of life
for the affected H-1B families. The 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 been granted H-1B status under
the American Competitiveness in the Twenty-first Century Act of 2000
(AC-21) - the Act permits H-1B nonimmigrants seeking lawful permanent
residence to work and remain in the U.S. beyond the 6-year limit on
their H-1B status.
The change will reduce the economic burdens and stresses that H-1B visa
holders and their families may have, during the transition from
nonimmigrant to lawful permanent resident status, and facilitate their
integration into the society of United States. It will also help their
efforts to remain in the U.S., with minimized disruptions to U.S.
businesses employing them. The rule also will bring U.S.
immigration policies more in line with those laws of other countries
that compete to attract similar highly skilled workers.
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