- Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
- Have been granted H-1B status in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). AC21 permits H-1B workers seeking employment-based lawful permanent residence to work and remain in the United States beyond the six-year limit.
Please note that you may not apply for employment authorization under these regulations until May 26, 2015. If granted employment authorization under these regulatory changes, H-4 dependent spouses will receive a Form I-766, Employment Authorization Document (EAD), as proof of that authorization.
We are posting these Frequently Asked Questions in response to this stakeholder teleconference.
Frequently Asked QuestionsDetermining If You May Apply for Employment Authorization
- As an H-4 nonimmigrant, would my employment authorization be limited to just my H-1B spouse’s time under AC21? For example, if my H-1B spouse’s petition is approved for the remaining time left in the 6-year period of admission plus the one year under AC21 §§ 106(a) and (b), and my H-4 status is granted the same period of time, how long will my employment authorization be valid for?
- Is this a one-time opportunity?
- Do I need to be in the United States to apply for employment authorization based on my H-4 status?
- Am I eligible for employment authorization if USCIS revoked my H-1B spouse’s approved Form I-140 petition?
- My H-1B spouse’s approved Form I-140 was filed by a previous employer. Am I eligible for employment authorization?
- What happens to my employment authorization if USCIS revokes my H-1B spouse’s Form I-140?
- If I am granted H-4 employment authorization, can I work anywhere (including starting my own business)?
- Can I employ other people?