Important H-1B Update: FY 2024 H-1B Cap Petitions May Be Filed Starting April 1, 2023. The period for filing the H-1B cap-subject petition will be at least 90 days, through June 30, 2023. Learn more.

Important H-1B Update: FY 2024 H-1B Cap Petitions May Be Filed Starting April 1, 2023. The period for filing the H-1B cap-subject petition will be at least 90 days, through June 30, 2023. Learn more.

FAM allows dependent to obtain a NIV as long as the principal maintains NIV status in the U.S.

The Foreign Affairs Manual states the dependent of a principal in the US in a Non-immigrant visa (NIV) status may obtain the NI Visa as long as the principal maintains the status in the U.S.

9 FAM 402.1-6 ISSUANCE OF NONIMMIGRANT VISAS (NIV) TO SPOUSES AND/OR CHILDREN WHEN PRINCIPAL IS IN STATUS BUT HAS NO VISA.

Derivative beneficiaries are entitled to apply for visas to follow and/or join a principal applicant who is maintaining legal status in the United States, even when the principal applicant was never issued a valid visa in the classification being sought for by the spouse and dependent children.

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