Certain H-4 dependent spouses of H-1B visas can obtain employment authorization. This post explains the pathways available for these spouses to gain work privileges in the United States and the process of filing Form I-765, Application for Employment Authorization.
Understanding H-4 Dependent Status
H-4 dependent status is designated for immediate family members (spouses and children under 21) of H-1B visa holders. This status allows them to live in the U.S. but, until recent changes, limited their ability to work. The shift in policy to allow certain H-4 dependent spouses to seek employment authorization marks a significant step towards supporting these individuals’ professional aspirations and contributions to the U.S. economy.
Eligibility Criteria for Employment Authorization
To be eligible for employment authorization as an H-4 dependent spouse, the H-1B nonimmigrant must satisfy one of the following conditions:
- Principal Beneficiary of an Approved Form I-140: This implies that the H-1B holder is at a stage in their green card process where their petition for an immigrant worker has been approved.
- Granted H-1B Status Under Specific Sections of AC21: This includes H-1B nonimmigrants who have extended their stay beyond the initial six-year limit under the American Competitiveness in the Twenty-first Century Act provisions.
The H-1B Visa Program
The H-1B visa is a cornerstone of U.S. immigration policy for employing foreign workers in specialty occupations. These positions typically require a bachelor’s or higher degree in a field directly related to the job. Beyond specialty occupations, the H-1B visa encompasses roles in cooperative research and development projects with the Department of Defense and distinguished positions in fashion modeling.
The Application Process for Employment Authorization
Applying for employment authorization involves submitting Form I-765 to U.S. Citizenship and Immigration Services (USCIS). This process requires careful attention to documentation, including evidence of the H-1B visa holder’s status and the relationship to the applicant.
Key Considerations and FAQs
- Timing: The application process for employment authorization can be lengthy. Starting early is advisable.
- Documentation: Ensuring all required documents are accurate and complete is crucial for a smooth process.
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