Skip to main content

DHS plans to propose rule to rescind work authorization for H-4 spouses of H-1B visa holders

  1. Original Date Announced

    December 14, 2017

    DHS 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 Authorization
  2.  
  3. Biden Administration Action: Revoked/Replaced

    January 25, 2021

    H-4 EAD rule withdrawn from OIRA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 Document

Current Status

Not in effect
January 25, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Agencies Affected: USCIS

Pre Trump-Era Policies

  • 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.

    Go to article on federalregister.gov

We require registration to leave feedback. You may either:

  • Sign in with your current user name and password.

  • Register if you don't have a user name and password.