After a four year delay, the US Department of Homeland Security (DHS) has finally published a final rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment based lawful permanent resident (LPR) status. This benefit will not pass down to children of H-1B holders and will be limited to those H-4 dependents married to H-1B visa holders that are:

  • Principal beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140), or
  • Have been granted H-1B status in the United States under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), as amended by the 21st Century Department of Justice Appropriations Authorization Act .