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Rescission of H-4 Work Authorization Is Delayed Until Spring 2020

Implementation of the rule rescinding H-4 work authorization has been delayed yet again. According to the Department of Homeland Security (DHS), the proposed rule is not expected to be published in the Federal Register until spring 2020 at the earliest, but even that time frame may be aspirational. DHS provided an updated timeline in a letter submitted to the U.S. Court of Appeals for the District of Columbia in the case of Save Jobs USA v. DHS.

DHS originally considered rescinding the H-4 work authorization program in response to President Donald Trump’s 2017 Buy American and Hire American Executive Order. In February 2019, DHS submitted its proposed rule for review to the Office of Management and Budget (OMB), where it remains pending.

There have been no changes to the H-4 work authorization program. Under the current rules, eligible H-4 spouses can continue to apply for initial work authorization documents or renewals. Renewals can be filed up to six months before the expiration of the employment authorization document.

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About this Author

Melissa Manna, Ogletree Deakins Law Firm, Raleigh, Immigration Practice Group Writer
Immigration Practice Group Writer

Melissa Manna is an Immigration Practice Group Writer. Her primary focus is writing and editing legal articles relating to immigration for the firm’s online and print publications, websites, and newsletters.

Prior to joining Ogletree Deakins, Melissa spent 9 years as in-house counsel at TowerCo, one of the largest independent wireless tower companies in the U.S., representing the company in all aspects of commercial real estate. During that time she managed due diligence, advised and implemented risk management solutions, and closed transactions...

Lisa M. Taylor Associate Raleigh Immigration

Lisa Taylor is an associate in the Raleigh office of Ogletree Deakins.

Prior to joining the firm, Lisa served as a federal law clerk to the Honorable Robert B. Jones, Jr. of the United States District Court for the Eastern District of North Carolina, and to the Honorable Diane Davis of the United States Bankruptcy Court for the Northern District of New York. During law school, Lisa served as a member of the International Appellate Advocacy Team, as well as an articles editor of the North Carolina Journal of International Law.