Share this article
The Department of Homeland Security submitted a letter today to a federal court, indicating that it hopes to propose a rule rescinding the H-4 employment authorization rule by the spring of 2020.
Background: The lawsuit challenges the 2016 rule, and DHS has repeatedly argued for the case to be delayed as it works to rescind that rule, on grounds that the rescission would render the case moot. After putting the case on hold for over a year, the court set a trial schedule earlier this year with oral arguments set for Sept. 27. Last week, DHS confirmed to the court that it was still working on the rescission rule, and in the latest filing, DHS called the spring 2020 target date “aspirational,” but argued for September oral arguments to be removed from the schedule and postponed indefinitely.
BAL Analysis: The H-4 EAD rule remains in place at this time, and eligible H-4 spouses may continue to apply for and receive both initial and renewal Employment Authorization Documents (EADs). The letter provides an updated time frame from DHS regarding its plan to rescind the rule. BAL is closely following the progress of the H-4 rescission rule and will provide further updates as they become available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact firstname.lastname@example.org.
Copyright © 2019 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact email@example.com.
H-1B denial rates in fiscal year 2023 increased slightly from FY 2022, according to a National Foundation for American Policy…
Canada has reimposed visa requirements for some Mexican nationals. Key Points: Under a change that took effect Thursday, Feb. 29,…
Featuring Emily M. Dickens, Chief of Staff and Head of Public Affairs, the Society for Human Resource Management (SHRM). Certain…
U.S. Citizenship and Immigration Services is gearing up for H-1B cap season, with new organizational accounts launched today and the…