Permits Foundation recently reported on a landmark decision by the US Supreme Court to strike down part of the Defense of Marriage Act (DOMA) which will have a positive impact on immigration benefits for same-sex married couples. However, it was not clear what the ruling meant for same-sex couples applying for non-immigrant employment visas, where neither partner is a US citizen.
The USCIS and the US State Department have now confirmed that same-sex married spouses are eligible to accompany or join employment-based immigrants, certain categories of non-immigrants and those granted refugee status or asylum. See FAQ 6 on the USCIS website. The eligible non-immigrant visas would include, for example, L/E/H1B and J visas.
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Immigration benefits for same-sex married couples following Supreme Court Decision