Employment Authorization Will Be Extended to Certain H-4 Spouses: Employment Law Manual Updated, Legal Timetable Entry Added

Author: Melissa A. Silver, XpertHR Legal Editor

Effective May 26, 2015, an H-4 dependent spouse of an H-1B nonimmigrant who is seeking employment-based lawful permanent resident (LPR) status will be eligible to seek employment authorization if his or her spouse with H-1B status meets certain requirements. 

If eligible, the H-4 spouse can file an application for employment authorization. Once the application is approved and the spouse receives an Employment Authorization Document, he or she may begin working in the US.

As a result of this development, the Immigration, Form I-9 and Work Visas section of the Employment Law Manual has been updated and a Legal Timetable entry has been added.