Published on November 2, 2018
The Department of Homeland Security (DHS) has released its 2018 regulatory agenda in October, and the proposed rule to remove the H-4 EAD program is likely set to be published for public comment in November 2018.
In September 2018, DHS notified the court in the case of Save Jobs USA v. DHS, a lawsuit brought by a group of U.S. technology workers who are challenging the H-4 EAD program, that the agency intends to proceed with a Notice of Proposed Rulemaking concerning the elimination of the H-4 EAD program. According to the report, the proposed rule has been reviewed by DHS and returned to USCIS for revisions. The notice further states that the agency has been making progress in proposing to remove the H-4 EAD program and it will review the proposed rule for final clearance and submission to the Office of Management and Budget (OMB) after the revisions have been made by USCIS. The proposed rule has not been made public yet, but it is anticipated by DHS that the rule will be submitted to OMB for review within the next three months. Once the rule is published in the Federal Register, the public will have an opportunity to provide comments during the public comment period, which typically lasts 30-60 days.
The H-4 EAD rule went into effect on May 26, 2015, and permits certain H-4 dependent spouses to apply for, and obtain an Employment Authorization Document (EAD), allowing the H-4 spouse to work in the U.S. while the H-1B visa holder pursues legal permanent residency in the U.S. The immigration attorneys at Ryan Swanson & Cleveland are closely monitoring the anticipated elimination of the H-4 EAD program.
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This message has been released by the Immigration Group at Ryan, Swanson & Cleveland, PLLC to advise of recent developments in the law. Because each situation is different, this information is intended for general information purposes only and is not intended to provide legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington.