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H4 EAD Update: DHS On The Verge Of Revoking H-4 EAD Policy

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Obama Era's H-4 EAD rule enacted in 2015 which  permits the spouses of H-1B holders to seek gainful employment is slated to be removed as per  US Department of Homeland Security's Fall 2017 regulatory agenda. It stated “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” in its agenda.

As of December 14th, 2017  DHS has published an item “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” in the Fall 2017 Regulatory agenda. DHS intends to amend the original rule and potentially remove it as per the Trump's Executive Order, Buy American, Hire American. DHS Secretary has authority  to revoke as per INA regulations.

As per news reports, there is a regulation on the table that is drafted by DHS to end the H4 visa EAD program. Keeping the H4 lawsuits aside, H4 EAD program is now in a stage where it can be scrapped as early as February as per Fall 2017 Regulatory agenda.

In a bid to save the H4 EAD program, Indians who are on H1B and H4 visas  and waiting for their green cards are planning to held a march in Washington DC on February 7 and 8. It is estimated that Indians across 30 American states  will participate in this rally to take up to the Trump administration.

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