Withdrawal of Trump’s move to rescind H4 EAD regulation

President Biden has signed an executive order withdrawing the proposal to rescind the H4 EAD Rule. The move is expected to save the jobs of tens of thousands of H4 visa holders who are working in the United States after receiving the Employment Authorization Document from the U.S. Citizenship and Immigration Service.

In less than a week, President Biden is undoing and withdrawing a lot from Trump’s Bureaucratic file. On January 26, 2021 Biden’s administration has forbid Trump’s move to rescind H4 EAD Regulation.

Trump had proposed to rescind a Provision that allows spouses of H-1B visa holders with an approved I-140, to work in The Unites States. Removing H-4 Dependents from the class of Aliens eligible for employment was pursued by the Trump’s administration with a lot of zeal. It was being reviewed by the Office of Management (OMB) and Office of Information and Regulatory Affairs (OIRA).

This law came into force during the Obama-era in 2015. USCIS in a press release stated “Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.” 

This is a welcoming news for the H-4 EAD community. It is also important to reduce the long-time frames for the approval. We hope that premium processing is made available for H-4 EAD.


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