As we have mentioned several
times, the Trump Administration is seeking to eliminate 90,000 lawful jobs by
ending the H-4/EAD rule. This rule,
which was first
passed in February 2015, provides work authorization to spouses of
H-1B workers, provided that the H-1B worker has an approved I-140.
USCIS sent the new regulation, "Removing H-4 Dependent Spouses from the Class of Aliens
Eligible for Employment Authorization," to the Office of
Management and Budget on February 20, 2019.
It is currently
pending review. OMB is expected to publish a Notice of proposed
rulemaking in the near future, although OMB has not released a timeline. The publication of the notice will allow the public
to offer notice and comment.
After the notice and comment period, USCIS must review and
consider the public’s comments, before publication of the final rule. Unfortunately, it is not expected that the
public’s comments will materially change the new rule’s core goal: the
elimination of the H-4/EAD.
This needless attack against lawful workers is further
proof that the Trump Administration is not at all interested in legal
immigration, despite the President’s
public statements. The
reality is that the President and his administration are only interested in
harming immigrants: lawful and otherwise.
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