28th Apr 2015

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The Department of Homeland Security has amended the federal regulations to allow for certain H-4 visa holders to apply for employment authorization beginning on 05/26/2015. This change in the regulations will allow tens of thousands of spouses of H-1B visa employees to work legally in the United States in an occupation of their own choosing.

                In order to qualify to file for the EAD card, H-4 spouses must meet certain qualifications. First, the H-1B holding spouse must be the beneficiary of an approved form Immigrant Petition for Alien Worker that is valid and has not been cancelled.  Alternatively, the H-1B holding spouse may have an H-1B visa approved under AC-21. If your spouse meets one of these two qualifications you may apply for work authorization under this procedure.

                The families of H-1B holders have long been prohibited from working while their spouse has been employed on the H-1B visa. As visa backlogs have grown longer, without substantial progression for years, more and more families are stuck in a situation where the H-1B visa holder is the only source of income for the entire family. It is not uncommon for H-1B visa holders to work in the United States for a decade or more before they are eligible to adjust to permanent resident status. Please, feel free to contact us at any time to discuss this new opportunity for gainful employment in the United States.

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