Not all immigration news is bad or controversial. Today I am pleased to report good news.
Beginning May 26, 2015, certain H-4 dependent spouses may apply for employment authorization. H-4 dependent spouses are spouses of H-1B specialty occupation visa holders. In order for the H-4 spouse to qualify, the H-1B principal must be seeking employment-based permanent residence in the United States.
Specifically, an H-4 spouse may apply for employment authorization when the H-1B principal visa holder:
- is the principal beneficiary of an approved Form I-140 Immigrant Petition for Alien Worker, or
- has 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 (AC21). AC21 permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.
In other news, an appellate court in New Orleans will hear oral arguments on President Obama's executive action... stay tuned for updates.
