New H-4 Employment Authorization Rule Announced

Tuesday, February 24, 2015

The U.S. Citizenship and Immigration Services has announced a new rule allowing certain spouses of H-1B worker to apply for employment authorization. The rule takes effect on May 26, 2015.

Eligible individuals include certain H-4 dependent spouses of H-1B workers 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. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

Please contact Clara DeMatteis Mager, Linda J. Armstrong, Reginald A. Pacis, Bushra Malik, Elissa Pinto or Efe Poturoglu of Butzel Long for any questions or comments regarding this new rule or any immigration law questions.

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