Family Members of Employment-Based Green Card Holders

The spouse or child an employment-based preference immigrant who are "accompanying" or "following to join" the principal immigrant is entitled to the same status as the principal. The derivative classification for a spouse or child attaches immediately upon approval of the principal alien's classification (e.g., the approval of the Form I-140, Immigrant Petition for Alien Worker). No separate petition is required.

This guide was developed by Meyers & Meyers, LLP as a resource to help you understand some aspects of Immigration Law, which is very complex. It is not intended to create an attorney-client relationship. We recommend you contact one of our experienced Immigration Attorneys to devise an individualized plan to help you and/or your company achieve your goals. Please contact Meyers & Meyers, LLP at for assistance.

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