最新提案I-140批准之H1B配偶拿EAD工卡
May 7, 2014
Yesterday, the U.S. Department of Homeland Security announced that it willpublish two proposed rules this week. One of the rules proposes to extendemployment authorization to the dependent spouses of certain H-1B workers.In a press release dated May 6, 2014, DHS stated, “The change proposed byDHS, would allow H-4 dependent spouses of certain H-1B nonimmigrant workersto request employment authorization, as long as the H-1B worker has alreadystarted the process of seeking lawful permanent residence through employment.”
The Notice of Proposed Rulemaking will soon be published in the FederalRegister. DHS will accept public comment on the proposed rules through thefollowing website – www.regulations.gov.
Who Qualifies?
If the proposed rule goes into effect, you will qualify for employmentauthorization if:
You are an H-4 dependent spouse (dependent children will not qualify); andThe principal H-1B worker:o Is the beneficiary of an approved Form I-140, Immigrant Petition forAlien Worker; or
o Has been granted an extension of his/her authorized period of stay inthe U.S. under the American Competitiveness in the Twenty-First Century Actof 2000 (“AC21”).
How the New Rule Benefits Our Clients
The new rule will benefit our EB-2 NIW clients on H-1B nonimmigrant statusunder two circumstances:
Clients on H-1B nonimmigrant status from India and China with an approved EB-2 NIWSuch clients are not eligible to file an I-485 because their I-140 prioritydate is not current. However, they are able to extend their H-1B visastatus in three-year increments until their priority date is current. Underthe new rule, they will also be able to apply for employment authorizationfor their H-4 dependent spouse such that their spouse will also be able towork in the U.S. while the family waits for the I-140 priority date tobecome current.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-1BSuch clients are eligible to extend their H-1B visa status in one-yearincrements beyond the six-year limit. Under the new rule, they will also beable to apply for employment authorization for their H-4 dependent spousesuch that their spouse will also be able to work in the U.S. while the I-140petitioner 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.