A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Friday, August 24, 2018

Regulation Cancelling H-4 EAD in Final Review


Senior DHS leadership is conducting final review of a proposed rule aiming at the elimination of employment authorization (EAD) for H-4 dependent workers, according to the most recent status report submitted by DHS to the D.C. Federal District Court.   

In February 2018, DHS represented that it had plans to issue a notice of proposed rulemaking to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of people their eligibility for employment authorization.

Right now, the proposed rule is at is final review stage. Once finalized, it will be submitted to the Office of Management and Budget for review.  After OMB review, the proposed rule will be published in the Federal Register to allow the public to make comments.  The comment period will last about 30 to 60 days before the regulation becomes final.  Hence, realistically speaking, H-4 dependents should be able to file for their EAD applications for at another 60 - 90 days. It is strongly recommended that they file their applications as soon as possible.  

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