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ARTICLE · 03 SEPTEMBER 2018

DHS Reaffirms Commitment To Rescind H-4 Work Authorization

Ogletree, Deakins, Nash, Smoak & Stewart
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In the meantime, eligible H-4 spouses may continue to apply for or renew their employment authorization documents.

United StatesImmigration

A recent court filing by the U.S. Department of Homeland Security (DHS) reaffirms the agency's commitment to rescinding the H-4 rule, which provides work authorization to eligible spouses of certain H-1B visa holders who are in the process of becoming lawful permanent residents. In the document, DHS stated that its "intention to proceed" with the proposed rescission rule "remain[ed] unchanged," but DHS did not address when it expected to publish the new rule.

In December of 2017, DHS announced its plan to rescind the H-4 rule in light of the priorities outlined in President Trump's "Buy American and Hire American" executive order. At the time, DHS was expected to publish the proposed rescission rule in February of 2018, but publication has been postponed twice since then. When asked about the current timeline during a recent interview, U.S. Citizenship and Immigration Services Director L. Francis Cissna said the "regulation is still being worked on" and that it

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