Family Members of H1-B Nonimmigrants

Spouses and unmarried minor children (i.e., under 21 years of age accompanying an H-1B nonimmigrant) may be granted an H-4 nonimmigrant visa (or status).  In general, they cannot accept employment as H-4 nonimmigrants (unless they are otherwise authorized).  However, effective May 26, 2015, DHS is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based Green Cards. Specifically, certain H-4 dependent spouses of H-1B nonimmigrant workers who (1) are the principal beneficiaries of an approved I-140 Immigrant Petition for Alien Worker, or (2) who have been granted H-1B nonimmigrant worker 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, may apply to USCIS for permission to accept employment.

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 [email protected] for assistance.

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