Last Year's Rule Changes to Keep in Mind, Part 1: Time Spent in H-4 and L-2 Status

If you are considering an H-1B Cap filing for an individual who holds (or has held) H-4 or L-2 dependent status, keep in mind that the individual's time spent in H-4/L-2 status will no longer count towards the total H-1B/L-1 period of stay based on a new USCIS policy issued a few months before last year's H-1B Cap filing season.

Prior to this policy, any time an individual spent in H-4 status (reserved for spouse/children of H-1B employees) was counted towards the six-year maximum period of stay for H-1B status. Thus, if a spouse spent four years in H-4 status, and then changed status to H-1B, they would only have been eligible for two years of H-1B status.

Now, a spouse can spend up to six years in H-4 status and still be eligible for a full six years of H-1B status if they choose to change their status. USCIS extended this beneficial policy change to L-2 spouses (husbands/wives of L-1 Intracompany Transferees) as well.

So if you are considering an H-4 or L-2 candidate for an H-1B Cap filing, you no longer have to worry about them not being eligible for a full six years of H-1B.