DHS Still Intends to Rescind H-4 EAD Rule

08/22/2018

In a recent filing with the U.S. Court of Appeals for the District of Columbia, the Department of Homeland Security ("DHS") confirmed it still intends to rescind the H-4 EAD rule. Specifically, DHS submitted a status report to the Court in the matter of Save Jobs USA v. United States Department of Homeland Security, a lawsuit challenging DHS's 2015 Final Rule, Employment Authorization for Certain H-4 Dependent Spouses. The Court is holding the case in abeyance at DHS's request on the basis that DHS intends to rescind the rule.

In its status report, DHS states, "Final DHS clearance review of the proposed rule is ongoing, and senior levels of the Department's leadership are actively considering the terms of the NPRM [Notice of Proposed Rule-Making] for approval." The report continues, "As represented to the Court in prior status reports, DHS's intention to proceed with publication of an NPRM concerning the H-4 visa rule at issue in this case remains unchanged."

DHS's status report is consistent with recent remarks from USCIS Director Francis Cissna, who said "the regulation is still be worked on, and... I definitely want that regulation to get out. That regulation, though, is fighting for attention with a number of other regulations." Director Cissna explained one of the main reasons he supports rescinding the H-4 EAD rule is that he does not think Congress intended for H-4 dependents to be eligible for work authorization.