A regulatory change effective May 26, 2015, will extend eligibility for work authorization to H-4 spouses of certain H-1B workers who have already started the process of seeking employment-based lawful permanent resident status. H-4 dependent spouses of H-1B nonimmigrants will be eligible to apply for an EAD under the new rule if their H-1B spouse:
1. Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
2. Has 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 (That Act permits certain 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).
Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.