Berd & Klauss, PLLC, immigration attorneys serving the New York community, are pleased to announce that the long-awaited changes pertaining to the spouses of those with H1B visas have finally gone into effect. As of May 26, 2015, the Department of Homeland Security (DHS) will formally extend employment eligibility to H4 dependent spouses of nonimmigrants with a H1B visa who are currently pursuing lawful permanent resident status.
Under the new rules, individuals will be allowed to accept employment in the United States if their spouses have either:
- Received an approved Form I-140, Immigrant Petition for Alien Worker; OR
- Been granted H1B 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, which allows 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.
The new rules are already in effect, so any eligible individual who qualifies is free to submit their application immediately. To apply for work authorization, you will have to file Form I-765, Application for Employment Authorization, along with all required supporting evidence and a $380 fee. If approved, you'll receive a Form I-766 and can then begin legally working in the United States.
The expert lawyers at Berd & Klauss, PLLC have the immigration law expertise and breadth of legal services to help you navigate these complex processes. For more information, visit their web site, or call (212) 461-7152 to schedule a consultation.