05/09/2014: Full Text of H-4 Spouse Employment Authorization "Proposed Rule"
This proposed rule will be officially published in the federal register on Monday, 05/12/2014, but here is the
advance copy readers can read ahead of time. This proposed rule will be published with the 60-day comment period beginning from May 12, 2014. The following is summary of the proposed rule:
Eligible H-4 Spouse:
- H-1B spouse's I-140 petition has been approved. (Inasumuch as I-140 is approved, it does not require that the H-1B spouse has filed three-year increments H-1B extension petition under AC 21 Section 104(c); or
- H-1B spouse is in H-1B status which has been extended under AC 21 Section 106 (a) and (b), so called 7th-year extension rule. Eligibility alone is not enough. H-1B spouse should have filed and obtained approval of H-1B extension under AC 21 Section 106(a) or (c).
I-765 employment authorization document application must be filed and approved. Following evidence required:
- Evidence of I-140 approval or proof of H-1B spouse's H-1B status which was granted under the AC 21 Section 106(a) or (b);
- Proof that H-1B spouse is currently in a valid H-1B status;
- Proof that H-4 spouse has been admitted as a H-4 nonimmigrant or H-4 status has been extended.