NewsFlash! Last-Minute H-4 EAD Reminder and Clarifications

As has been widely publicized, the U.S. Citizenship and Immigration Services (USCIS) will begin to accept applications for employment authorization documents (EADs) from qualifying H-4 spouses on Tuesday, May 26th. The Murthy Law Firm wishes to provide potential applicants with a few quick tips about this exciting new regulation.

  • H-4 EAD applications can be filed no earlier than May 26th. Applications filed prior to this date will be rejected by the USCIS.
  • There is no requirement that H-4 EAD applications be filed precisely on May 26th. This regulation is effective indefinitely, meaning that qualifying H-4 spouses may apply at any time, as long as it is not before May 26, 2015.
  • There is no quota or cap on the number of EADs that may be issued under the H-4 EAD regulation.
  • As of the time of this writing, the final version of the revised I-765 application has yet to be released. The recently released frequently asked questions (FAQs) for H-4 EADs does not indicate when the revised form will be released. It is recommended that applicants use the revised I-765, assuming it is issued by May 26th. However, if the form is not released by then, the FAQs appear to imply that the USCIS will accept the current version of this form.
  • The “eligibility category” on the I-765 is “(c)(26)” for H-4 EAD applicants.

As soon as any additional details emerge, the information will be posted on MurthyDotCom. To remain updated regarding the H-4 EAD rule and other immigration law issues, subscribe to the free MurthyBulletin.


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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.