Work Authorization for Spouse of H-1B

Effective May 26, 2015, Certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant: (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 by the 21st Century Department of Justice Appropriations Authorization Act (AC21).

The implementation of this executive action was also announced in November 2014. Providing certain H-4 dependents the authorization to work is part of the Administration’s effort to modernize, improve and clarify visa programs and create jobs.