Proposed H-4 EAD Rescission Regulation Pending Review at OMB

Last week, on February 25, 2019, the Department of Homeland Security (DHS) proposed a rule which extended qualification for employment authorization to some H-4 dependent spouses of H-1B nonimmigrants seeking employment-based permanent resident status. This new rule will revise a rule published in 2015. DHS seeks to remove from its regulations some H-4 spouses of H-1B nonimmigrants as a class of aliens qualified for employment authorization.

This rule has not yet been published. It was sent to the Office of Management and Budget (OMB) on February 20, 2019, and is pending review. A notice of the rule will be published in the Federal Register after the OMB completes its review and will be open to the public. The new regulation will not take effect until it is finalized by DHS, which usually takes several months.

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This information comes from a news release from the American Immigration Lawyers Association (AILA Doc. No. 19022203).