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DHS Proposed Rule to Extend Employment Authorization to Spouses of Certain H-1B Workers

2014-05-08, BY WeGreened

May 7, 2014

Yesterday, the U.S. Department of Homeland Security announced that it will publish two proposed rules this week.  One of the rules proposes to extend employment authorization to the dependent spouses of certain H-1B workers.  In a press release dated May 6, 2014, DHS stated, “The change proposed by DHS, would allow H-4 dependent spouses of certain H-1B nonimmigrant workers to request employment authorization, as long as the H-1B worker has already started the process of seeking lawful permanent residence through employment.” 

The Notice of Proposed Rulemaking will soon be published in the Federal Register.  DHS will accept public comment on the proposed rules through the following website – www.regulations.gov.

Who Qualifies?

If the proposed rule goes into effect, you will qualify for employment authorization if:

·         You are an H-4 dependent spouse (dependent children will not qualify); and

·         The principal H-1B worker:

o   Is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or

o   Has been granted an extension of his/her authorized period of stay in the U.S. under the American Competitiveness in the Twenty-First Century Act of 2000 (“AC21”).

How the New Rule Benefits Our Clients

The new rule will benefit our EB-2 NIW clients on H-1B nonimmigrant status under two circumstances:

1.       Clients on H-1B nonimmigrant status from India and China with an approved EB-2 NIW

·         Such clients are not eligible to file an I-485 because their I-140 priority date is not current.  However, they are able to extend their H-1B visa status in three-year increments until their priority date is current.  Under the new rule, they will also be able to apply for employment authorization for their H-4 dependent spouse such that their spouse will also be able to work in the U.S. while the family waits for the I-140 priority date to become current.

2.       Clients on H-1B nonimmigrant status from India and China with an EB-2 NIW I-140 petition pending for more than 365 days at the time they reach the six-year limit for their H-1B

·         Such clients are eligible to extend their H-1B visa status in one-year increments beyond the six-year limit.  Under the new rule, they will also be able to apply for employment authorization for their H-4 dependent spouse such that their spouse will also be able to work in the U.S. while the I-140 petitioner waits for adjudication of his/her EB-2 NIW petition.

Please see here to contact our firm for more information.

You can read the full DHS press release here.

 


We are pleased to announce that North America Immigration Law Group has so far received over 7,500 EB-1A, EB-1B and EB-2 NIW I-140 approval notices. In 2015 and 2016, the approval rate is 97.9% for cases using our Approval or Refund® (money back guarantee) service and 96.9% for all cases.

Our approval rate is 99.6% for NIW petitions using our "Approval or Refund®" (money back guarantee) service and the overall approval rate for all NIW cases is 99.2%.

In terms of EB1A petitions, the approval rate is 96% for cases entitled to our "Approval or Refund®" (money back guarantee) service and the overall approval rate for all EB1A cases is 94.3%.

As one of the leading U.S. immigration law firms providing the most comprehensive services focusing on EB-1/NIW petitions, we are proud to maintain our high approval rates with a large volume of approved cases.

Our staff keeps close track of the latest immigration trends and regulations of USCIS (U.S. Citizenship and Immigration Services), decisions of AAO (Administrative Appeal Office) and judicial review opinions. The massive collected materials contribute to the most convincing arguments and winning strategies of our firm for EB1A, EB1B, and NIW petitions. If you are interested in filing the green card, please send your CV to law@wegreened.com for our free evaluation. Our attorneys will email you back with the evaluation result within 24 hours.


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