If an H-1B worker is the beneficiary of an approved I-140 petition or has been granted H-1B status beyond the normal six-year maximum under the "AC21" law, his or her H-4 spouse can apply for work authorization. See previous posting: http://www.bakerdonelson.com/uscis-announces-new-work-card-eligibility-for-h4-spouses-02-25-2015/Further Guidance on the "Doing Business" Requirement In Matter of Leacheng International Inc., 26 I & N Dec. 532 (AAO 2015), the Administrative Appeals Office (AAO) determined that the "doing business" requirement for an immigrant petition for a multinational manager or executive does not include a requirement that the U.S. employer (Petitioner) be a direct party to contracts or a direct provider of services to U.S. customers. Rather, a Petitioner can satisfy that it has been "doing business" for the required period of a year by showing "that it is providing goods and/or services in a regular, systematic, and continuous manner to related companies within its multinational organization."

For this reason, H-1B employers would be well advised to consult with their Epstein Becker Green immigration counsel about how best to manage these new H-1B requirements.II. AAO Issues Precedent Decision Expanding the Term “Doing Business” for EB-1A Eligibility On April 9, 2015, the AAO also issued its precedent decision in Matter of Leacheng International, Inc., 26 I.& N. Dec. 532 (AAO April 9, 2015). In Leacheng, the AAO reversed a decision by the USCIS’s Texas Service Center (“TSC”) that denied an EB-1A petition to classify an employee as a multinational manager or executive because the sponsoring employer had not been doing business for the year, as required by the regulations.