In February 2012, U.S. Citizenship and Immigration Services (USCIS) proposed a rule to the Office of Management and Budget (OMB) which would allow certain H-4 spouses to apply for an Employment Authorization Document (EAD). The OMB undergoes a thorough reviewing process for all significant rules proposed by executive agencies, such as USCIS, to ensure that the rules reflect Presidential priorities.

Now, the proposed rule is quickly nearing the end of OMB’s reviewing process. On February 5, 2015, USCIS submitted the final rules to the OMB. Within 30 to 60 days of the rule’s submission, the OMB will release its final rule and determine whether the proposed rule will be published and executed. If all goes well, the decision will have significant implications for many H-4 spouses. H-4 spouses will be able to apply for EAD as long as:

(1) the principal H-1B worker has an approved I-140, or

(2) an extended H-1B status beyond the 6-year limitation that is either based upon a PERM labor certification application or a I-140 petition that has been pending for at least one year.

Reddy and Neumann P.C. will post any updates regarding the H-4 EAD rules as soon as they become available.


Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Our experienced team of immigration lawyers in Houston & Dallas advises clients throughout the H-1B visa application process, including responding to various requests for evidence and consular processing issues. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.