The Trump Administration and the Department of Homeland Security (DHS) are moving closer to finalizing the rescission of the H-4 EAD program. DHS has now submitted a proposal to rescind the H-4 work authorization program to the Office of Management and Budget (OMB) for their review. The OMB has up to 90 days to review the proposal, although they can take less than the full 90 days. Once it has been reviewed, the proposed rule will be published in the Federal Register in order for organizations and individuals to have an opportunity to provide feedback during a public comment period. After the public comment period has ended, DHS will review the feedback and prepare a final rule to rescind the program. Unfortunately, there is no set timeframe for publication of the final rule but we anticipate it could come in the next few months.
It is not clear at this time whether H-4 EADs will be canceled immediately, or if the government will allow the documents to expire on their individual expiration dates. Eligible H-4 spouses who wish to apply for or renew an EAD should do so as soon as they are eligible to file.
Finnan, Fleischut & Associates will continue to keep our clients advised of important developments in this area. If you have specific questions about how these developments affect a current or possible future situation, please contact us.