• His/her H-1B spouse is the principal beneficiary of an approved I-140 petition; or
• His/her H-1B spouse is the beneficiary of an approved H-1B extension past the 6th year maximum based on AC21 (i.e., because at least 365 days have elapsed since an unexpired PERM labor certification application, or a pending I-140 petition, was filed for the principal beneficiary).

This has the potential to benefit the families of H-1B workers whose green card processes have been delayed significantly due to the annual limits on immigrant visa availability.  In particular, this benefits the H-4 spouses of H-1B workers chargeable to India or China, whose I-140 petitions were filed in the EB-2 or EB-3 preference categories and may be backlogged for many years.

This rule does not significantly affect H-4 spouses who have already applied for adjustments of status (as they can already apply for work permits through that process), nor is this rule applicable to H-4 spouses of H-1B1 (Chile/Singapore), H-2 or H-3 nonimmigrants, or most importantly, it does not change the work permit situation for H-4 spouses of H-1B workers who have not applied for a Green Card. These spouses remain unable to work in the U.S. unless they qualify for their own work visas.