H-4 EAD Rule Making Process Delayed Till June 2018

The current H-4 EAD program will continue to be valid until at least June 2018, according to a status report submitted to the court in connection with the ongoing federal litigation in the case of Save Jobs USA v. DHS.  Originally, DHS represented that it will begin the formal rule making process to change the existing H-4 EAD rule by February 2018.  DHS is delaying the rule making process so that they may perform an economic analysis to support certain revisions. Presumably the economic analysis is to assess the impact of the H-4 EAD to the U.S. economy in general and also the American workers' employment opportunities in particular.  Based on this new development, the case will likely to be  held in abeyance till the new rule is published.  H-4 dependents should be able to continue applying for EADs for the time being, unless DHS issues additional policy changes in the interim.  Approximately 104,750 H-4 spouses have received EAD since the program started in 2015.


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