Monday, February 25, 2019


As we have mentioned several times, the Trump Administration is seeking to eliminate 90,000 lawful jobs by ending the H-4/EAD rule.  This rule, which was first passed in February 2015, provides work authorization to spouses of H-1B workers, provided that the H-1B worker has an approved I-140. 

USCIS sent the new regulation, "Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization," to the Office of Management and Budget on February 20, 2019.  It is currently pending review. OMB is expected to publish a Notice of proposed rulemaking in the near future, although OMB has not released a timeline.  The publication of the notice will allow the public to offer notice and comment.  

After the notice and comment period, USCIS must review and consider the public’s comments, before publication of the final rule.  Unfortunately, it is not expected that the public’s comments will materially change the new rule’s core goal: the elimination of the H-4/EAD.

This needless attack against lawful workers is further proof that the Trump Administration is not at all interested in legal immigration, despite the President’s public statements.  The reality is that the President and his administration are only interested in harming immigrants: lawful and otherwise.


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