DHS Moves Closer Toward Removing the Rule that Extends Employment Authorization to Certain H1-B Dependent Spouses
In May 2015, USCIS put into effect a final rule which extended the eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrant workers who have an approved I-140 or have been granted H1-B status beyond the normal six-year term. At that time, a lawsuit was filed challenging the authority of Department of Homeland Security (“DHS”) to promulgate such a rule. After holding the case in abeyance, the DHS has issued a Notice of Proposed Rulemaking with the expressed intention of removing the final rule. Revisions to its current rule are still being considered. It is the DHS’ intent to have this submitted to the Office of Management and Budget for final clearance by the end of 2018.