DHS action allows certain H-4 dependent spouses of H-1B nonimmigrants to work in the U.S.

Effective on May 26, 2015, the Department of Homeland Security (DHS) will be allowing H-4 EAD (work authorization) for certain dependent spouses of H-1B nonimmigrants. The principal must be seeking employment-based green cards, or lawful permanent resident (LPR) status. DHS amended the regulations to allow H-4 dependent spouses to work in the U.S.

The Columbus, Ohio immigration attorney at Porter Law Office, LLC offers comprehensive H-1B visa services and employment-based immigration solutions. We can help obtain H-4 EAD and as a Certifying Acceptance Agent we can expedite the process of obtaining an Individual Tax Identification Number (ITIN) for H-4 spouses.

Contact the immigration lawyer at Columbus, Ohio-based Porter Law Office, LLC to discuss your options today.

Who is Eligible for H-4 Work Authorization?

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

1. Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
2. Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

How to Apply for H-4 EAD?

To obtain employment authorization under the new rule, eligible H-4 dependent spouses will be required to file Form I-765, Application for Employment Authorization, with the required supporting documentation and filing fee. If approved, H-4 dependent spouses will receive an employment authorization document (EAD), which allows for employment authorization in the U.S.

This rule is effective as of May 26, 2015. Therefore, H-4 dependent spouses should not submit an application for employment authorization until May 26, 2015. You should avoid anyone who offers to assist in submitting an application to USCIS before the effective date. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.

How the Rule Benefits the U.S.

The DHS provides many justifications for allowing H-4 dependent spouses to obtain H-4 EAD.

• To modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.
• It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents.
• It also provides more economic stability and better quality of life for the affected families.
• It will reduce the economic burdens and personal stresses H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status.
• It will help H-1B nonimmigrants and their families integrate into American society.
• It will help reduce certain disincentives that currently lead H-1B nonimmigrants to abandon efforts to remain in the United States while seeking lawful permanent residence, which will minimize disruptions to U.S. businesses employing them.
• It will support the U.S. economy because the contributions H-1B nonimmigrants make to entrepreneurship and science help promote economic growth and job creation.
• The rule also will bring U.S. immigration policies more in line with those laws of other countries that compete to attract similar highly skilled workers.

What if I-140 has not been filed?

If the H-1B worker has not yet begun the green card process through employment, the H-4 dependent spouse may not obtain employment authorization. As such, the H-4 dependent spouse may not obtain a SSN. Porter Law Office, LLC is an IRS-approved Acceptance Agent in Columbus, Ohio.

If the H-1B worker wants to file jointly a U.S. federal income tax return jointly with the H-4 dependent spouse, the H-4 spouse will need an ITIN. To obtain an ITIN, you may have to send the IRS your original passport. Keep your passport by engaging Porter Law Office, LLC to file for your ITIN.

Contact today to apply for an ITIN for your H-4 spouse.

Contact an Experienced Columbus, Ohio Immigration Attorney

H-4 EAD or ITINs

The experienced employment-based immigration attorney at Columbus, Ohio-based Porter Law Office, LLC. The experienced Columbus, Ohio immigration lawyer assists businesses and their workers navigate the complex area of employment-based immigration, including H-1B visas and work authorization for H-4 dependent spouses. Porter Law Office, LLC is also an IRS-approved Certifying Acceptance Agent that assists H-4 dependent spouses with obtaining ITINs. The firm is conveniently located outside of Columbus, Ohio in the suburb of Gahanna. Contact the Columbus, Ohio immigration lawyer today for free consultation to discuss your options.