BREAKING NEWS! DHS EXTENDS ELIGIBILITY FOR EMPLOYMENT TO CERTAIN H-4 DEPENDENT SPOUSES

According to a USCIS News Release:  “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.”

This is great news, however it is odd is that the dependent spouses will have far greater employment mobility and options than the principal H-1B beneficiaries.

It is important to note that not all H-4 spouses will be eligible for employment authorization.  In order to qualify, the principal beneficiary must either :  (1) have an approved I-140, Immigrant Petition for Alien Worker, or (2) have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (H-1B extended beyond six years).

Please visit our firm’’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com.

Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!

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