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DHS May Soon Dismantle H-4 EAD Regulation

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DHS May Soon Dismantle H-4 EAD Regulation

November 21, 2017

The San Francisco Chronicle recently cited anonymous sources as saying that the Trump Administration is planning to issue new regulations soon, putting an end to employment authorization documents (EADs) for H-4 spouses of H-1B employees who have passed certain milestones in the lengthy green card process. 

Regulations permitting the issuance of EADs to qualifying H-4 spouses were promulgated in 2015, and have been the subject of a lawsuit. The Trump Administration chose not to defend the lawsuit earlier this year, indicating its intention to change the H-4 regulation. Because a deadline for the lawsuit is approaching in early January, the Chronicle reports that it is likely a new regulation will be proposed before then.

Individuals who currently qualify for the H-4 EAD and who have not yet applied are advised to do so as soon as possible, before any changes to the rule.

Weaver Schlenger will follow developments and report on any changes here.  

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