H-4 Ead Rescission Proposal Unlikely Before Spring 2020, DHS Says

At a glance

• The Department of Homeland Security has stated that the earliest possible publication date of a proposed regulation to rescind the H-4 employment authorization program is Spring 2020, but suggests that the proposal might come even later.
• Eligible H-4 spouses can continue to seek new or renewed work authorization under current rules until further notice.

The issue

The Department of Homeland Security has informed a federal appeals court that a proposed regulation to rescind the H-4 employment authorization program is not likely to be published before Spring 2020 and indicates that even this estimate is "aspirational."

The disclosure came in a letter to the U.S. Court of Appeals for the D.C. Circuit in Save Jobs v. DHS, the lawsuit challenging the H-4 EAD program. The court is considering whether to postpone oral arguments in the case indefinitely.