H4 ead processing time series#

However, you still have the potential to qualify if your spouse received an extension on their H-1B status under section 106(a) or (b) of AC21. If for whatever reason the USCIS revokes this petition, you would not qualify. The requirements explicitly state that to be eligible for an H-4 EAD the H-1B spouse must have an approved Form I-140. If my spouse’s I-140 petition was revoked by USCIS, am I eligible for an EAD? In order for indviduals to maintain H-4 status, they must be in the United States and in order to apply for employment authorization you must be in H-4 status. As an H-4 immigrant who receives an EAD, you are able to renew your authorization for as long as you maintain eligibility in accordance with 8 CFR 214.2(h)(9)(iv). Is this the only opportunity I have to apply?įortunately, this is not a one-time opportunity. Any situations not addressed below should be addressed with a qualified immigration attorney.

H4 ead processing time series#

This H-4 EAD FAQ series may help you determine whether you are eligible for work authorization. H-4 EAD FAQ – Frequently Asked Questions Answered while they transition to lawful permanent resident status. This act allows nonimmigrants under H-1B status to continue to work in the U.S.

First, the principal H-1B worker has to have an approved I-140 OR have been approved for H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). In order to qualify for employment authorization documents, there are two main criteria. However, there are stipulations to the rule that must be taken into consideration when applying. Now, with this new rule, H-4 holders can apply for Employment Authorization Documents (AD) in order to work in the U.S. While being able to bring a spouse over to live with you during your H-1B stint is a great benefit of the visa, having that spouse be able to earn an income can be vital to the success of your endeavors in the country. This visa status is contingent upon the principal H visa holder’s status, so things such as extensions, transfers, terminations, and revocations applied to the principal holder will apply to all dependent H-4 holders. The H-4 visa is a dependent visa for the spouses of H-1B, H-2A, H-2B, and H-3 holders in the U.S. Below is our H-4 EAD FAQ series based on information released by USCIS. We’ve received many questions regarding qualifications, documentation required, processing procedures and the EAD lawsuit.

This long-awaited change is a relief for the thousands of H-4 holders who will be eligible for the benefits of employment. On May 26, 2015, the USCIS began accepting applications for H-4 dependent spouses to obtain employment authorization.