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The Department of Homeland Security has indicated that it will delay a proposed rule to rescind the H-4 regulation until June, according to a status report the agency gave in a court filing Wednesday. The H-4 regulation currently allows spouses of certain H-1B workers in the U.S. to apply for employment authorization documents, or EADs.
Key points:
Background: The update was filed in the context of a lawsuit brought by a group of tech workers who are challenging the Obama-era H-4 regulation. On Feb. 21, the court granted DHS’s request to hold the lawsuit in an abeyance based on the agency’s assertion that it would begin the rulemaking process to rescind the H-4 regulation in February.
BAL Analysis: Eligible H-4 spouses will continue to be able to apply for EADs until a final regulation rescinding the current rule takes effect. The rulemaking process takes approximately five months from proposed rule to final regulation, so the earliest date that DHS would issue a final regulation would likely be November.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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