Proposed H4 EAD Recission Rule Withdrawn from Review

By: Dayna Lally, Esq.[i]

On January 25, 2021, the proposed regulation, “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” (commonly known as the “H-4 EAD Rescission Regulation”) was withdrawn from review at the Office of Information and Regulatory Affairs (“OIRA”).[ii]

The withdrawal of the proposed regulation was in response to the Biden Administration’s January 20, 2021 “freeze memo.”

To date, litigation remains pending in federal court challenging the DHS final rule that extends eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants.[iii]

H1B Lawyer

Dayna Lally is a H1b visa lawyer in Boston as well as the owner of Lally Immigration Services, LLC. Lally Immigration Services, LLC is closely monitoring the situation and will provide updates as they become available.

Disclaimer: The materials available on or from this website are provided for general informational purposes only; they do not constitute legal advice. Consult with an immigration lawyer with your specific questions or concerns.

[i] Dayna Lally is a H1b visa lawyer in Boston as well as the owner of Lally Immigration Services, LLC. As an H1b attorney, Ms. Lally assists U.S. employers in filing H-1B petitions as well as H-4 applications on behalf of dependents.

[ii] See: https://www.reginfo.gov/public/do/eoDetails?rrid=128849.

[iii] Save Jobs USA v. DHS, 11/8/19