Certain dependent nonimmigrant statuses are eligible to apply for work authorization. To apply, a separate petition is required. Under current regulations, dependent spouses in the following nonimmigrant statuses may request an Employment Authorization Document (“EAD”):
- E-1 or E-2
- L-2; and
- H-4 in certain circumstances, as noted below.
Certain H-4 dependent spouses of H-1B nonimmigrants are eligible to request work authorization if the principal H-1B nonimmigrant:
- Is 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 Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (“AC21”).
Our office encourages these dependent visa holders to apply for work authorization while the current regulations permit it. If you should need assistance with this matter, please contact our office at 856-222-0130.