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Original Date Announced
December 14, 2017DHS publishes a notice in the Unified Agenda of Regulatory Actions that it intends to rescind a rule making certain spouses of H-1B visa holders, who hold H-4 visas, eligible for work authorization. [ID #492]
RIN: 1615-AC15: Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment AuthorizationSubsequent Trump-Era and Court Action(s)
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November 1, 2018
Removing H4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization
DHS continues to publish in the Unified Agenda its intention to rescind the rule providing for work authorization for certain H-4 nonimmigrants.
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February 21, 2019
Law360: DHS Preps Proposal To End Work Authorization For Spouses
The media reports that DHS has sent a proposed regulation to OMB to rescind work authorization for certain H-4 nonimmigrants.
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August 26, 2020
Removing H-4 Dependent Spouses From the Classes of Aliens Eligible for Employment Authorization
DHS continues to publish in the Unified Agenda its intention to rescind the rule providing work authorization for certain H-4 nonimmigrants.
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January 21, 2023
Edakunni v. Mayorkas Settlement
In a legal settlement in Edakunni v. Mayorkas, the Department of Homeland Security agreed that USCIS would bring back the process by which it adjudicated H-1B and L-1 visas before the Trump administration. Under the terms of the settlement, if spouses and dependents of H-1B and L-1 visa holders file their Application to Change or Extend their Status (H-4 or L-2) and Employment applications for work authorization (I-765s) at the same time as the underlying H-1B or L-1 petition, USCIS will bundle the applications and adjudicate them together, if they are properly filed.
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Biden Administration Action: Revoked/Replaced
January 25, 2021H-4 EAD rule withdrawn from OIRA
This Biden administration policy withdraws in its entirety the Trump-era proposed policy identified in this entry.
On January 25, 2021, the Biden administration withdrew the Trump-era proposed regulation, Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” (commonly known as the “H-4 EAD Rescission Regulation”) from review at the Office of Information and Regulatory Affairs (OIRA), which is an office within the Office of Management and Budget (OMB) tasked with the review of Executive Branch regulations. The withdrawal of this proposed regulation was in response to a regulatory freeze memo issued by the Biden administration on January 20, 2021, freezing all rulemakings pending review.
View DocumentCurrent Status
Not in effectMost Recent Action
January 25, 2021 Action: Revoked/Replaced H-4 EAD rule withdrawn from OIRAJanuary 25, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: In Regulatory AgendaTrump Administration Action: RuleSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCISAssociated or Derivative Policies
Pre Trump-Era Policies
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February 25, 2015
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. This rule allows certain spouses of H-1B holders, waiting for green cards, to apply for work authorization in the U.S.
DHS 2015 Final Rule
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
Original Source:
DHS 2015 Final Rule
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Subsequent Action
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Subsequent Action
Original Source:
DHS Preps Proposal To End Work Authorization For Spouses
- Subsequent Action
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Subsequent Action
Original Source:
USCIS Settles Lawsuit That Should Help H-1B And L-1 Visa Spouses