On February 24, 2015, USCIS announced the final rule regarding work authorization for H-4 spouses. Not all H-4 spouses may receive work authorization under the new rule.  Work authorization is available for an H-4 who is the spouse of an H-1B worker who:

• Is the principal beneficiary of an approved I-140 petition, or
• Has been granted an H-1B extension beyond the six year maximum under section 106(a) or (b) of the American Competitiveness in the 21st Century Act of 2000

USCIS will begin accepting applications on May 26, 2015. The H-4 dependent spouse may begin working in the United States only after USCIS approves the application and the spouse receives an employment authorization card. To obtain the card, eligible H-4 spouses must file form I-765 with a $380 fee. USCIS estimated as many as 179,600 H-4 spouses may be eligible to work under this rule in the first year and 55,000 annually in following years. USCIS reminded the public that applications received before May 26, 2015 will be rejected.