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Updated USCIS Form I-765 to allow for EAD and Social Security Number Request Simultaneously

October 4, 2017 Leave a comment

Foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using an updated Form I-765, Application for Employment Authorization.  To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA.

Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN.  The revised USCIS Form I-765 includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office.

Beginning October 2, 2017, USCIS started transmitting the additional data collected on the form to the SSA for processing.  Moving forward, applicants who receive
their approved EADs from USCIS should receive their Social Security card from SSA within the following two weeks.  It is imperative to note that starting December 4, 2017, USCIS will only accept the 7/17/17 edition of Form I-765.

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Categories: USCIS Tags: , , ,

USCIS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants

February 25, 2015 Leave a comment

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that effective May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants (principal beneficiaries) will be eligible to apply for employment authorization to work in the United States. Even though USCIS currently allows spouses of L and E visa holders to work in the U.S., the rule was not extended to spouses of H-1B visa holders until yesterday’s announcement. It is a welcome news to thousands of families who are in the U.S. in H-1B/H-4 visa status.

The rule comes with certain conditions though. In other words, it is not a blanket eligibility to all H-4 spouses. Only those H-4 spouses that meet the following criteria will be eligible to apply for employment authorization:

Criteria:
Employment authorization-eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

1. Are the principal beneficiaries of an approved Form I-140 petition; or

2. Have been granted H-1B status based upon:
a) the filing of a labor certification application (365 days or more have elapsed since filing); or
b) the filing of Form I-140 (365 days have elapsed since filing).

Thus, the eligibility to file employment authorization application is offered only to H-4 spouses whose H-1B principal beneficiaries have an ongoing permanent residence (green card) process as described above. As such, the new rule will not apply to H-4 spouses whose H-1B principal beneficiaries do not have any ongoing green card process. It will not also apply to H-4 spouses whose principal beneficiaries have an ongoing green card process but do not otherwise meet the criteria described above.

Process to obtain Employment Authorization:
• Filing of Form I-765 with USCIS.
• Filing fee: $380.00
• Processing time: Approximately 60-90 days.

If you need assistance in filing an EAD (Employment Authorization Document) application, please contact our office.

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