Proposed H-4 EAD Rescission Regulation Pending Review at OMB

Proposed H-4 EAD Rescission Regulation Pending Review at OMB

In October 2018, DHS released its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions and Regulatory Plan, which provides the public with an overview of anticipated federal regulatory activity. The regulations featured in the Unified Agenda and the timelines stated are aspirational and are not strictly adhered to.

One DHS proposed regulation, entitled “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” (commonly known as the “H-4 EAD Rescission Regulation”) is featured in the Fall 2018 Unified Agenda and is described as follows:

On February 25, 2015, DHS published a final rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS is publishing this notice of proposed rulemaking to amend that 2015 final rule. DHS is proposing to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization.

Although the Fall 2018 Unified Agenda indicates an November 2018 time frame for publication of this proposed rule, the rule has not yet been published. The rule was sent to the Office of Management and Budget (OMB) on February 20, 2019 is currently pending review. Once OMB completes its review, a notice of proposed rulemaking will be published in the Federal Register and will be open to the public for notice and comment. The proposed regulation will not take effect until finalized by DHS, a process that typically takes several months.

Please note that the text of the proposed rule has not yet been made available to the public.


Source: AILA Doc. No. 19022203.