by Chris Musillo

The San Francisco Chronicle reports that the Trump administration plans to rescind the H-4 EAD rule. The H-4 EAD rule, which has existed for 2+ years, allows H-4 spouses of H-1B workers to work, provided that the H-1B primary spouse has completed the I-140 stage of the green card process. The Chronicle reports that 41,526 H-4 spouses earned work authorization through the program in the fiscal year through September 2016.

The recession of the H-4 EAD rule is being pressed because of a lawsuit that questions whether USCIS ever had the legal authority to create the 2015 enabling rule. In a Motion made during the lawsuit, the administration hinted at the fact that they are in the processes of drafting a new rule that would rescind the H-4 EAD rule.

A new rule however would have to go through the notice-and-comment period, which would delay the implementation of the rule. Notice and comment periods can take anywhere from a few months, to many years.

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