The long awaited H-4 EAD rule has been approved by the Office of Management and Budget (OMB) and will go into effect on May 26, 2015! This means that eligible H-4 dependent spouses will be able to apply for employment authorization in 3 months!

Eligible individuals include H-4 dependent spouses of H-1B holders who:

1. Are the principle beneficiary of an approved I-140 Immigrant Petition; or
2. Have obtained an H-1B extension beyond the 6th year limit based on a PERM Labor Certification Application or I-140 Immigrant Petition that has been pending for at least 365 days.

Under the rule, those eligible will have to file Form I-765, Application for Employment Authorization along with supporting evidence and the required fee of $380. Again, USCIS will begin accepting applications on May 26, 2015. As soon as USCIS approves the application and the H-4 dependent spouse receives an EAD, he/she can begin working in the U.S.

I will continue to post updates as they come in!

Check out my new PERM FAQs!