As we have mentioned severaltimes, the Trump Administration is seeking to eliminate 90,000 lawful jobs byending the H-4/EAD rule. This rule,which was firstpassed in February 2015, provides work authorization to spouses ofH-1B workers, provided that the H-1B worker has an approved I-140.
USCIS sent the new regulation, “Removing H-4 Dependent Spouses from the Class of AliensEligible for Employment Authorization,” to the Office ofManagement and Budget on February 20, 2019. It is currentlypending review. OMB is expected to publish a Notice of proposedrulemaking in the near future, although OMB has not released a timeline. The publication of the notice will allow the publicto offer notice and comment.
After the notice and comment period, USCIS must review andconsider the public’s comments, before publication of the final rule. Unfortunately, it is not expected that thepublic’s comments will materially change the new rule’s core goal: theelimination of the H-4/EAD.
This needless attack against lawful workers is furtherproof that the Trump Administration is not at all interested in legalimmigration, despite the President’spublic statements. Thereality is that the President and his administration are only interested inharming immigrants: lawful and otherwise.