USCIS Sends Final H-4/EAD Rule to OMB for Approval

On Thursday February 5, 2015, the United States Citizenship and Immigration Services sent the final H-4/EAD rule to the Office of Management and Budget (OMB) for review and final approval.  Typically, OMB takes 30-60 days for review, after which the rule will be published in the Federal Register and implemented.

The rule would allow an H-4 nonimmigrant to apply for employment authorization if his or her H-1B spouse:

  • Is the beneficiary of an approved I-140 petition; or
  • Is the beneficiary of a labor certification or an I-140 petition that was filed at least 365 days or more in the past and is seeking or has obtained a post-6th year H-1B extension.

We expect the USCIS to begin accepting EAD applications soon after the rule is published.  USCIS will release specific filing details at that time.

We will continue to monitor the situation and provide updates as they become available.