Starting May 26, 2105,certain H-4 spouses of H-1B holders can file for an Employment AuthorizationDocument (EAD). The fullregulation has just been published.
Musillo Unkenholt has hadmany questions from clients and friends of the firm. We have published these in this FAQ.
CanI file before May 26, 2015?
No. The USCIS will not accept EAD applicationsuntil May 26, 2015.
Howlong will it take the USCIS to process the EAD Application?
Traditionally EADApplications take 90-120 days until approval.
CanI work upon the filing of the EAD Application?
No. The EAD must be approved?
Whoqualifies for the new H-4 EAD card?
Certain H-4 spouses mayfile for the new H-4 EAD. Children whohold H-4 status are ineligible for the EAD.
WhichH-4 spouses may file for an EAD?
In order to decide if youqualify for the H-4, we must look to the underlying H-1B status holder. The USCIS elected to apply the rule first setforth in Section106 of AC21. The H-1B worker must either:
A. Hold an approved I-140,Petition for Alien Worker. The approvedI-140 does not need to be from his present employer; or
B. Have a priority datethat is at least one year old. Apriority date can be established by the filing of a PERM Application or a FormI-140.
Mayan H-4 spouse file for an EAD if the H-4 spouse holds (A) an approved I-140 or (B)one year has passed since the filing of a PERM or I-140?
No. The USCIS looks to the H-1B worker to meet Aor B, above. It is irrelevant if the H-4meets A or B.
Arethere any limitations on the work that I can perform on an H-4 EAD? For instance, is there a prevailing wage? Am I limited only to certain types of jobs?
No. There are no such limitations. You can work for any employer, at any rate(above minimum wage), and in any occupation.
Whatshould I do if I want to file an H-4 EAD?
EAD Applications do notrequire an attorney’s assistance, although many people find it helpful to havean attorney assist in the process. Ifyou would like MU Law to help, please contactus.