President Obama announced several executive actions on immigration law in Nov. 2014, one of which was to make H-4 dependent spouses of some workers holding H-1B nonimmigrant visas eligible for employment authorization. The final rule announced on May 26, 2015 by the United States Citizenship and Immigration Services (USCIS) supports the administration's efforts to make working in the U.S. a more appealing option to highly skilled workers in certain in-demand industries.
According to Berd & Klauss, PLLC, New-York-based immigration attorneys, H-4 dependent spouses of H-1B nonimmigrants can immediately file Form I-765, Application for Employment Authorization if either of the following conditions are met:
- The H-1B worker is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.
- The worker's H-1B status was granted 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).
The H-1B visa program gives American businesses the ability to hire foreign workers who possess specialized skills and at least a bachelor's degree. These workers allow American companies to expand when necessary, which creates jobs and helps build the U.S. economy.
The hardworking, highly experienced immigration attorneys at Berd & Klauss, PLLC provide comprehensive legal services to businesses and immigrants alike, helping clarify the complexities of U.S. immigration law. To learn more about how recent executive actions may affect you or your company, visit Berd & Klauss, PLLC online now or call (212) 461-7152 to schedule a consultation today.