To help attract and retain highly qualified workers, current immigration law allows some H-4 spouses of non-immigrant workers with an H-1B visa to apply for employment authorization. To be eligible, the H-1B spouse must be the beneficiary of an approved Form I-140 submitted by a U.S. business and have been granted a valid non-immigrant worker status. However, applying for work authorization can be a lengthy process, so it's often in your best interest to hire an immigration attorney.
How to File for H-4 Dependent Spouse Employment Authorization
Once you've determined eligibility, you will have to file form I-765, and it must be signed and accompanied by the correct filing fees. United States Citizenship and Immigration Services (USCIS) will deny and return any application that contains errors or includes an incorrect payment amount. To prevent unnecessary delays and requests for more information, you should also submit supporting evidence along with your documentation.
Types of Evidence to Include
USCIS will need proof of your H-4 visa status, which can be shown by submitting a copy of your current documentation. They will also need to see government-issued photo identification, such as a copy of the biometric page of your passport or a visa issued by a foreign consulate. In addition, you should submit a copy of your marriage certificate to prove that you are married to a qualifying H-1B visa holder, as well as proof of their immigration status. Your immigration attorney will help determine which pieces of evidence will provide the fastest result and whether you need to include English translations of any documentation.
As one of NYC's premier immigration law firms, Berd & Klauss, PLLC prides itself on their thorough understanding of the system and the excellent quality of service they provide to all of their clients. Call (212) 461-7152 to set up a consultation with the immigration attorneys Alex Berd and Patrick Klauss today. Visit their website to view a list of their practice areas, and follow their Facebook page for more advice and legal updates.