Employment Authorization for Certain H-4 Dependent Spouses

Certain H-4 dependent spouses of H-1B nonimmigrants can apply for employment authorization using Form I-765 if the H-1B holder is either the principal beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker) or has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the 21st Century Department of Justice Appropriations Authorization Act (AC21). The H-1B program allows U.S. businesses to hire foreign workers for specialty occupations requiring a relevant bachelor’s degree or higher. It also includes roles in Department of Defense projects and distinguished fashion modeling.