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Spouses of some H-1B visa holders to be allowed to get jobs in US

February 25, 2015

A final rule that will allow some spouses of H-1B visas holders seeking a green card to also hold jobs in the US was announced on Tuesday by the Obama Administration and US Citizenship and Immigration Services.

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” said US Citizenship and Immigration Services Director León Rodríguez. “It helps US 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.”

Effective May 26, eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

  • Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker
  • Have been granted H-1B 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. The Act permits 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.

USCIS estimates the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years.