In a court filing on May 22, 2018 the Department of Homeland Security (DHS) stated a rule rescinding work authorization for certain H-4 visa holders was under final review and would soon be submitted to the Office of Management and Budget.
The DC District Court of Appeals had mandated DHS to issue a status update in May, under the terms of a February motion which granted an abeyance to the agency to issue its response to a lawsuit initiated by Save Jobs USA. While the DHS had stated it would issue a proposed rule in February 2018, the agency later determined that it needed more time to consider the economic implications of revoking the benefit.
DHS has signaled its intent to revoke H-4 work authorization over the last year through numerous actions, including its various filings in support of Save Jobs USA, as well as publishing the topic on its regulatory agenda in both Fall 2017 and Spring 2018. USCIS Director L. Francis Cissna also wrote a letter in April 2018 to Senator Grassley on the Service’s intent to end the H-4 EAD program.
The DHS has stated in a court document submitted in the Save Jobs USA case that it plans to issue a proposed rule for comment in June 2018, which will then have to be approved by the OMB before it is added to the Federal Register for a minimum 30-day public comment period.
MPLG continues to follow these developments closely.