The San Francisco Chronicle reports that the Trumpadministration plans to rescind the H-4 EAD rule. The H-4 EAD rule, which has existed for 2+years, allows H-4 spouses of H-1B workers to work, provided that the H-1Bprimary spouse has completed the I-140 stage of the green card process. The Chronicle reports that 41,526 H-4 spousesearned work authorization through the program in the fiscal year throughSeptember 2016.
The recession of the H-4 EAD rule is being pressed because of alawsuit that questions whether USCIS ever had the legal authority to create the2015 enabling rule. In a Motion madeduring the lawsuit, the administration hinted at the fact that they are in theprocesses of drafting a new rule that would rescind the H-4 EAD rule.
A new rule however would have to go throughthe notice-and-comment period, which would delay the implementation of the rule. Notice and comment periods can take anywherefrom a few months, to many years.