A memo from the U.S. Department of Justice, dated 9/16/19, has indicated that anticipated changes to the visa program which has allowed H-4 visa holder spouses of H-1B workers to obtain Employment Authorization Documents (EADs) will not be issued until the spring of 2020 at the earliest. The plan to eliminate the work authorization for H1-B spouses was formally introduced in February of 2019, with a proposed rule from USCIS and the Department of Homeland Security (DHS) “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization.” The new regulations, currently under federal review, were initially expected to be published this year.
The U.S. Court of Appeals for the District of Columbia is currently hearing a lawsuit seeking to invalidate the H-4 EAD rule. The suit was filed by anti-immigration group Save Jobs USA, arguing that the DHS had no authority to issue the initial H-4 EAD rule, which was introduced in 2015. DHS lawyers maintain that the suit should be put on hold due to the ongoing efforts by the administration to rescind the program. According to the memo “…DHS’s intention to proceed with publication of the H-4 EAD proposed rule remains unchanged. At this point, DHS has informed counsel that it believes the earliest possible publication date for that rule would be in spring 2020. Although that timeframe is aspirational, DHS believes that the September 27, 2019 oral argument should be removed from the calendar and postponed…”
We will continue to monitor developments and share updates as more information becomes available. If you have any questions, please feel free to contact your Graham Adair representative. For more frequent updates, please follow us on Twitter (@GrahamAdairLaw).