May 7, 2014
Yesterday, the U.S. Department of Homeland Security announced that it will publish two proposed rules this week. One of the rules proposes to extend employment authorization to the dependent spouses of certain H-1B workers. In a press release dated May 6, 2014, DHS stated, “The change proposed by DHS, would allow H-4 dependent spouses of certain H-1B nonimmigrant workers to request employment authorization, as long as the H-1B worker has already started the process of seeking lawful permanent residence through employment.”
The Notice of Proposed Rulemaking will soon be published in the Federal Register. DHS will accept public comment on the proposed rules through the following website – www.regulations.gov.
Who Qualifies?
If the proposed rule goes into effect, you will qualify for employment authorization if:
- You are an H-4 dependent spouse (dependent children will not qualify); and
- The principal H-1B worker:
o Is the beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
o Has been granted an extension of his/her authorized period of stay in the U.S. under the American Competitiveness in the Twenty-First Century Act of 2000 (“AC21”).
How the New Rule Benefits Our Clients
The new rule will benefit our EB-2 NIW clients on H-1B nonimmigrant status under two circumstances:
- Clients on H-1B nonimmigrant status from India and China with an approved EB-2 NIW
- Such clients are not eligible to file an I-485 because their I-140 priority date is not current. However, they are able to extend their H-1B visa status in three-year increments until their priority date is current. Under the new rule, they will also be able to apply for employment authorization for their H-4 dependent spouse such that their spouse will also be able to work in the U.S. while the family waits for the I-140 priority date to become 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-1B
- Such clients are eligible to extend their H-1B visa status in one-year increments beyond the six-year limit. Under the new rule, they will also be able to apply for employment authorization for their H-4 dependent spouse such that their spouse will also be able to work in the U.S. while the I-140 petitioner 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.
North America Immigration Law Group – WeGreened.com ( Also known as Chen Immigration Law Associates) is one of the major U.S. immigration law firms with the focus on the petitions of EB-2 NIW (National Interest Waiver), EB-1A (Alien of Extraordinary Ability) and EB-1B (Outstanding Researchers/Professors) categories.
We are pleased to announce that we have more than 600 EB1 and NIW case approvals in the year of 2013 and overall approval rate exceeds 98.5%*, which makes us a leading U.S. immigration law firm with the most approval cases and highest successful rate in the field of NIW/EB1 I-140 immigration petitions. This year (2013), we got more than 516 physical approval notices of EB-1 and EB-2 NIW cases with the approval rate exceeding 98.5%*. Those approvals notices are from clients who retained us from the beginning of the case preparation. In addition, we also successfully helped around additional 70 clients preparing their RFE (Request for Evidence) responses that were originally filed by other law firms or by DIY clients filing the cases themselves. In addition, we helped around 30 clients preparing for their EB1B cases for their employers to file. In these cases, we are not able to get approval notices as we are not the attorney on record.
We provide the most comprehensive service for NIW (National Interest Waiver) and EB-1 petitions, including drafting recommendation letters (from the scratch), drafting the petition letter and respond to RFE (without extra charge). Qualified clients are entitled to our “approval or refund” service and if in a rare case the petition is denied, the attorney fee will be refunded. Our policy is specified in our retainer agreement and is binding to us. Because of the quality of our service, our clients comments and reviews are also impeccable.
We are pleased to announce that North America Immigration Law Group has so far received over 3,500 EB-1A, EB-1B and EB-2 NIW approval notices. In 2014 and 2015, the approval rate is 98.22% for cases using our "Approval or Refund®" (money back guarantee) service and 96.95% for all kinds of services.
For NIW cases, the approval rate is 99.18% for cases using our "Approval or Refund®" (money back guarantee) service and the overall approval rate for all NIW cases is 98.47%.
For EB1A cases, the approval rate is 97.25% for "Approval or Refund®" (money back guarantee) service and the overall approval rate for all EB1A cases is 95.27%.
We are one of the leading U.S. immigration law firms providing the most comprehensive services for EB-1/NIW petition with a large volume of approval cases and high approval rate.
Our staff keeps close track of the latest immigration trends and regulations of USCIS (U.S. Citizenship and Immigration Services), decisions of AAO (Administrative Appeal Office) and judicial review opinions. The massive collected materials contribute to the most convincing arguments and winning strategies of our firm for EB1A, EB1B, and NIW petitions.
If you are interested in filing the green card, please send your CV to law@wegreened.com for our free evaluation. Our attorneys will email you back with the evaluation result within 24 hours.
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