The Department of Homeland Security (DHS) published a proposed regulation which would, for the first time, permit certain H-4 spouses of H-1B professionals to apply for Employment Authorization Documents (EADs).
Under the proposed regulation, the following classes of H-4 spouses would qualify for EADs:
1. Where the H-1B spouse is the beneficiary of an approved I-140 EB visa petition; and
2. Where the H-1B spouse has been granted a post-6th year H-1B extension under AC-21.
DHS estimates that 100,000 H-4 spouses would be eligible for EADs in the first year and that about 36,000 would be eligible in each