On September 16, 2019, the Department of Homeland Security (DHS) indicated that the earliest publication date of its proposal to rescind the H-4 employment authorization program as detailed below is Spring 2020. Accordingly, at this time, certain H-4 dependent spouses of H-1B visaholders continue to be eligible for employment authorization. As additional details become available regarding the above, we will provide regular updates.
On February 20, 2019, the Department of Homeland Security (DHS) submitted its proposal to rescind H-4 employment authorization for certain spouses of H-1B visaholders to the Office of Management and Budget (OMB). As background, since May 26, 2015, certain H-4 dependent spouses of H-1B visaholders have been eligible for employment authorization. Subsequent to the H-4 employment authorization rule, litigation (Save Jobs USA v. DHS) was filed challenging the H-4 employment authorization program. The current administration has also previously announced its intention to rescind the program. The DHS proposal to rescind the H-4 employment authorization program has now been submitted to the OMB for review. Details of such proposal are not publicly available at this time. Procedurally, OMB may review the proposal in 90 days, but it may also review the proposal in less time. Once the OMB clears such proposal, the proposed rule will be published in the Federal Register and available for public comment (generally a period of 30-60 days). After the public comment period, DHS will then review comments submitted and issue a final rule to rescind the H-4 employment authorization program. As additional details become available regarding the above, we will provide regular updates.
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