DHS has published the Rule Making Agenda for 2018. It includes a Notice to Propose a Rule to Remove H4 EAD for certain spouses along with other Immigration related notices. In this case, certain spouses could be everyone with H4 EAD.
I started tracking H4 EAD Rule Making since 2012. It became effective on May 26, 2015. For H4 EAD community, it was a hard fought battle to get this Rule Proposed and Published into Federal Register. It’s not going to be an easy decision to accept for the Immigration community about not having H4 EAD.
As per leaked memo from Jan 2017, both H4 EAD and STEM OPT was considered to be revoked. As of today, notice is posted to propose a rule to Revoke H4 EAD.
Here’s the timeline since H4 EAD Rule become effective:
- Dec 22, 3017 – DHS asked for abeyance (no hearing on this case) until July 2018. It’s an indication that H4 EAD could be removed by then.
- Dec 14, 2017 – Notice to Propose Rule to Remove H4 EAD
- Sep 29 , 2017 – Trump Administration asked for 60 days extension until 12/31/2017
- Apr 2017 – Trump Administration asked for 6 months extension
- Feb 2017 – Trump Administration asked 60 days extension
- Sep 28, 2016 – New challenge filed against DC Court Ruling
- Sep 27, 2016 – Lawsuit was dismissed in the District Court
- April 2016 – New Lawsuit filed to Challenge the Rule in district court (by Save Jobs USA)
- May 26, 2015 – UCSIS will accept applications for ED for H-4 Visa
Notice to Propose Rule to Remove H4 EAD
- Title: Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization
- Abstract: On February 25, 2015, DHS published a final rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS is publishing this notice of proposed rulemaking to amend that 2015 final rule. DHS is proposing to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization.
Points to Ponder:
Here’s my guess and thought process on what could happen and notice that it’s my opinion and I’m not a legal professional:
- Rule is not yet proposed, but a notice to Propose a Rule is posted
- When the actual rule is proposed, it would contain actual language of rule.
- Rule is considered under “Economically Significant” category.
- How Long for Rule to be Effective:With Public Comments and Review of Public comments, it could take few months to Publish the Rule to be effective
- I read about possibility of skipping the public comments does exists for rule under Economically Significant (someone please clarify if this is possible)
- Possible Outcomes for current H4 EAD Holders:Allow current H4 EAD holder to continue to renew
- Let H4 EAD expire after certain time (No Renewal when current H4 EAD Expires)
- Abruptly terminate H4 EAD validity when rule becomes effective
- What’s Next:Learn about Rule Making Process and be ready to Participate in Public Comments
- Public comment is not yet open.
- When Open, learn how to write an effective comment with your personal story.
- When it comes to Immigration, have a Plan A, B and C when things are going according to your plan and Plan A, B and C when things are not working out as per you plan.
Post any questions about this Notice to Propose a Rule to remove H4 EAD in the comments section below.