Decision on H-4 spousal work regulation expected soon

The Department of Homeland Security is expected to make a decision within weeks on the future of a regulation that allows H-4 spouses to work in the U.S.

The regulation, which was promulgated in 2015, allows spouses of certain H-1B workers to apply for employment authorization. The rule has been the subject of litigation, and DHS indicated earlier this year that it was considering revising it or scrapping it altogether.

The San Francisco Chronicle cited anonymous sources in reporting Friday that the Trump administration is preparing to overturn the rule and halt issuance of work permits to spouses of H-1B holders. No official announcement has been made, however.

BAL Analysis: BAL will continue to follow this matter and alert clients to any changes. For now, the regulation remains in effect and has not been modified or rescinded.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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