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ARTICLE · 28 JANUARY 2021

The Cloud Over H-4 EADs Has Finally Been Lifted

Seyfarth Shaw LLP
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The withdrawal means that H-4 holders whose spouses have reached certain steps within the employment-based green card process can continue to file for Employment Authorization Documents.

United StatesImmigration
Jason Burritt
Jason Burritt
Jake Campbell
Jake Campbell
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Seyfarth Synopsis: The Office of Information and Regulatory Affairs within the Office of Management and Budget announced that the long-pending rule to rescind work authorization for certain H-4 holders has been withdrawn. The withdrawal means that H-4 holders whose spouses have reached certain steps within the employment-based green card process can continue to file for Employment Authorization Documents (EADs).

After a multiple-year undertaking to rescind work authorization for certain H-4 spouses, the United States Citizenship & Immigration Services (USCIS) confirmed on January 25, 2021 that it has officially withdrawn the proposed rule that sought to rescind this class of work authorization. The regulation promulgated in 2015 allows an H-4 holder to file for a work permit (EAD) if the H-1B spouse is the beneficiary of an approved I-140 petition and cannot adjust status due to per-country limitations or if the H-1B spouse has been granted a post-sixth year H-1B

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