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U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
It is important to note that this DOES NOT APPLY TO ALL H-4 SPOUSES. It will only apply in certain cases where the H-1B visa holder is well on the way toward applying for a green card. Specifically, it will only apply to H-4 dependent spouses of H-1B nonimmigrants who either have an immigrant visa petition (Form I-140) approved in their behalf, or have been granted an H-1B extension based on the AC21 regulations, which would mean that they have been an H-1B for at least six years and have a green card case started.
If you have questions about the new H-4 employment authorization rules, please contact Managing Partner Michael Wildes at michael@wildeslaw.com.
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