by Chris Musillo

USCIS has just announced that the long-awaited H-4 EAD rule will go into effect on May 26, 2015.

Under the new H-4 EAD rule, the H-4 spouse may obtain an EAD card in two instances. (1) Either the principal H-1B worker has to have had a PERM Application pending for at least one year or (2) the principal H-1B worker has to have an approved I-140.

H-4 spouses who meet one of the two conditions may file an I-765, Application for Employment Authorization. Ordinarily, I-765 Applications are approved in 90-120 days. Accordingly, H-4 spouses who qualify should be able to begin working in September 2015.

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