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DHS Likely to Rescind H-4 EAD Rule

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DHS Likely to Rescind H-4 EAD Rule

December 19, 2017

Yesterday, the USCIS published a notice of proposed rulemaking, indicating its intention to eliminate the H-4 category from individuals eligible to obtain Employment Authorization Documents (EADs).  Currently, individuals in H-4 status whose H-1B spouse has reached a certain point in the green card process may apply for EADs. 

Weaver Schlenger recommends that anyone who is eligible under the current rule who wishes to obtain an initial H-4 EAD or who is eligible for an extension (EAD expiring within the next 120 days), apply now. 

It is most likely that any issued EADs will remain valid until the expiration date, but new applications and renewal requests will not be accepted, once the recission rule is finalized.

The DHS indicated in its notice that it is reviewing the H-4 EAD rule pursuant to the Buy American, Hire American Executive Order.  

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