DHS will now allow Work Permits for H-4 Dependent Spouses of H-1B Nonimmigrants

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that, starting May 26, 2015, the Department of Homeland Security (DHS) is allowing some spouses of H-1B nonimmigrants to obtain employment authorization. DHS made changes to the existing regulation to allow spouses to accept employment in the United States. These changes are part of the immigration executive actions President Obama announced in November 2014 intended to help the U.S. economy and create jobs.

You are eligible for work authorization if:

  • You have an H-4 Visa for dependent spouses of H-1B nonimmigrants,
  • Your spouse is a principal beneficiaries of an approved I-140, Immigrant Petition for Alien,
  • Your spouse has been granted H-1B status and is seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

The change to this rule will make U.S. immigration policies more inline with policies of other countries that compete with the U.S. to attract highly skilled workers. Please contact Murphy Law Firm if you would like to discuss how you can obtain work authorization with H-4 status.

USICS is Not Accepting Applications for the New DACA, old DACA from 2012 still in Effect

Implementation of the new DACA and DAPA programs has been temporarily suspended. Last week, on February 17, a federal court judge decided the President’s programs were illegal.

However, the President’s DACA and DAPA programs are not illegal. Nearly every President for the past 40 years, Republican and Democrat, has used executive action for immigration matters.

The Justice Department is filing an appeal with a federal appeals court in New Orleans this week. The Department of Homeland Security is still planning to implement both programs as soon as the court process allows.

The existing DACA process and renewals of DACA are not affected by the recent court action. Murphy Law Firm will post updates when changes occur.