{"id":2493,"date":"2019-02-06T12:09:59","date_gmt":"2019-02-06T19:09:59","guid":{"rendered":"https:\/\/swlgpc.com\/eng\/?p=2493"},"modified":"2019-02-06T12:09:59","modified_gmt":"2019-02-06T19:09:59","slug":"dhs-proposal-rescind-employment-authorization","status":"publish","type":"post","link":"https:\/\/www.swlgpc.com\/eng\/dhs-proposal-rescind-employment-authorization\/","title":{"rendered":"DHS May Publish Proposal to Rescind H-4 Employment Authorization"},"content":{"rendered":"<p>Since March 2015, the Employment Authorization Document (EAD) program for spouses of H-1B beneficiaries (H-4) has been in place, offering H-4 spousal work authorization. However, in early 2017, the Trump Administration announced its intentions to review and reconsider the H-4 EAD program.<\/p>\n<p>Prior to that date, in April 2015, a group of tech workers formed by Americans who were employed at Southern California Edison filed a\u00a0<a href=\"https:\/\/aila.org\/File\/Related\/15052675a.pdf\" target=\"_blank\" rel=\"noopener\">complaint for declaratory and injunctive relief<\/a>\u00a0and a\u00a0<a href=\"https:\/\/aila.org\/File\/Related\/15052675b.pdf\" target=\"_blank\" rel=\"noopener\">motion for preliminary injunction<\/a>\u00a0staying the implementation of the United States Citizenship and Immigration Service&#8217;s (USCIS)<a href=\"https:\/\/aila.org\/infonet\/dhs-final-rule-employment-authorization\" target=\"_blank\" rel=\"noopener\">\u00a0final rule on employment authorization for certain H-4 dependent spouses<\/a>. The Trump Administration asked the court for this lawsuit,\u00a0<em>Save Jobs USA v. DHS<\/em>, to place the case on hold while the Department of Homeland Security (DHS) prepared to propose a regulation to rescind the program.<\/p>\n<p>After this proposed rule from DHS was postponed multiple times, the court granted Save Jobs USA&#8217;s motion to let the lawsuit continue. <a href=\"https:\/\/aila.org\/infonet\/dist-ct-save-jobs-usa-v-dhs\" target=\"_blank\" rel=\"noopener\">DHS has a deadline of March 18, 2019<\/a> to file a legal brief for this case. Due to this quickly upcoming deadline, it is possible that DHS may issue a proposed rule to rescind the H-4 EAD program and seek to end\u00a0<em>Save Jobs USA v. DHS.<\/em><\/p>\n<p>DHS must first receive clearance by the Office of Management and Budget (OMB), publish the proposal, and then provide a period of 30-60 days for public comments from organizations and individuals. Once this public comment period closes, DHS will review the feedback and prepare a final rule. This final rule must be approved by the OMB before final publication and implementation.<\/p>\n<p>At this time, the details of the proposed H-4 EAD program rescission are confidential. The proposed rule is expected to specify when DHS would no longer accept new H-4 EAD applications and provide an ending validity date for work authorization for those who currently have an H-4 EAD.<\/p>\n<p>At this time, DHS is expected to continue to accept and adjudicate new H-4 EAD applications and renewals until the regulation to rescind the H-4 EAD program is finalized and implemented. However, the termination of the H-4 EAD program could come within months of the release of the proposal.<\/p>\n<p>Our office will provide updates regarding this matter as soon as they are available. Please do not hesitate to contact our office with any questions.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Since March 2015, the Employment Authorization Document (EAD) program for spouses of H-1B beneficiaries (H-4) has been in place, offering H-4 spousal work authorization. However, in early 2017, the Trump Administration announced its intentions to review and reconsider the H-4 EAD program. Prior to that date, in April 2015, a group of tech workers formed [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":2494,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":""},"categories":[17,14,8,9,11,38,10],"tags":[73,120,44,103,26,28],"yst_prominent_words":[],"_links":{"self":[{"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/posts\/2493"}],"collection":[{"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/comments?post=2493"}],"version-history":[{"count":0,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/posts\/2493\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/media?parent=2493"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/categories?post=2493"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/tags?post=2493"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/yst_prominent_words?post=2493"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}