Business Immigration Insights

USCIS announced today that a new regulation permitting certain spouses of H-1B nonimmigrant workers to apply for employment authorization will go into effect on May 26, 2015.  The new rule permits H-4 spouses to submit an application for employment authorization (Form I-765) on or after that date, if they are married to an H-1B worker who meets one of the following requirements:

• Is the principal beneficiary of an approved Form I-140 Immigrant Petition; OR
• Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21) relating to H-1B extensions in the case of lengthy adjudications