New Authorization Extends Employment Eligibility

DHS Eligibility Extension for Authorized Employment to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

León Rodríguez, direct for USCIS, announced that effective May 26, 2015, employment eligibility authorization for certain H-4 dependent spouses of H-1B non-immigrants will be extended by the Department of Homeland Security (DHS). They must be seeking employment-based lawful permanent resident (LPR) status.
The amendment allows H-4 dependent spouses to be employed in US and finalizing the H-4 employment eligibility is important part of Obama’s executive order on immigration reform back in November of 2014. This is just one of the authorizations that is “underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs”.

Who is Eligible?

To qualify, an individuals must be a H-4 dependent spouses of H-1B nonimmigrants who:
  • Is the principal beneficiary of a Form I-140 that has been approved – Immigrant Petition for Alien Worker; or
  • H-1B status has been granted to the individual 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
This act allows H-1B non-immigrants seeking lawful permanent residence stay in the US beyond the six-year time limit on the H- 1B status and work during that time.

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