USCIS Announces Work Permits for Qualifying Spouses of H-1B Employees

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U.S. Citizenship & Immigration Services (USCIS) announced on February 24 that certain qualifying spouses of H-1B workers will be allowed to apply for a work permit beginning on May 26, 2015.

To qualify, the H-1B employee must have an approved I-140 immigrant petition from USCIS or a company sponsored PERM labor certification pending with the U.S. Department of Labor for more than one year.

The rationale behind this policy change is that many H-1B employees are sponsored by their employers for permanent residency, but are subject to long delays due to annual quota limitations.  Since the H-4 spouse has not been authorized to work, this causes economic hardship to their family and motivates some H-1B employees to take their talent to another country.  This policy change will help alleviate some of these pressures.

For more information, see http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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