Skip to Content
Schedule your Case Evaluation

Eligibility for Employment-Based Residency Extended


Recently, León Rodríguez, Director of the U.S. Citizenship and Immigration Services announced that eligibility for employment authorization will be extended to spouses of H-1B nonimmigrants who are H-4 dependent. This change will be implemented by the Department of Homeland Security as of May 26th, 2015.

This change is part of the initiative that President Obama announced in November 2014 for Immigration Executive Actions. The goal of this initiate is to grow the national economy and create job opportunities through the improvement and renovation of visa programs.

The requirements of this eligibility include:

  • Principle beneficiaries named on an approved I-140, Immigrant Petition for Alien Worker, or
  • Under American Competitiveness in the Twenty-first Century Act of 2000 sections 106(a) and (b), are granted status of H-1B

"Allowing the spouses of these visa holders to legally work in the United States makes perfect sense," Rodríguez said. "It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families."

The intention of this expansion is to provide relief to the financial and personal stress that H-1B nonimmigrants and their families endure while transitioning to permanent residency, and encourage a smoother integration process. Additionally, the goal is to prevent nonimmigrants from giving up on gaining permanent resident status, which has previously caused disruption to American businesses that employ them.

To learn more about your eligibility, contact our team of Dallas immigration lawyers at Mathur Law Offices, P.C., today!