H-4/ EAD RULE WILL CONTINUE UNTIL SPRING 2020 AT THE “EARLIEST”

In a filing with a federal judge, USCIS indicated that it has delayed the revocation of the H-4/EAD rule.  USCIS says that “the earliest possible publication date” of the revocation is spring 2020.  This is good news for H-4 /EAD holders. 

There are rumors that the USCIS has badly miscalculated the negative impact on the US economy, which is why the revocation of the rule has been ongoing for two years.  Rules of this type must be approved by the Office of Management and Budget, which likely has called into question USCIS’ calculations.

Even if a rule is published by USCIS, it will have to offer the rule to the public for notice and comment, a process that will likely receive much scrutiny and could further delay the Trump Administration’s attempts at revocation.