As you know there has been lawsuit against H4 EAD rule and we are expecting an update from DHS on this by Jan 2, 2018. While this is in progress, as speculated by many the threat for H4 visa EAD rule has become stronger with the new agenda item that appeared in Fall 2017 Regulatory Agenda with the title ” Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”.
While there are no concrete details published about the rule on the Reginfo.gov , all it says is that as per the President Trump Executive order of ‘Buy American, Hire American’, they want to propose to remove the H4 EAD given for certain spouses. It tells that the DHS Secretary has authority to do so as per the immigration regulations “under section 102 of the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135, 6 U.S.C. 112, and section 103(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1103(a)“.
To be clear on this, there is no rule that is published yet on the H4 EAD cancellation, we just have to wait and see what the DHS will do regarding this early next year. As of today, everything is normal – means you can apply for H4 EAD, if you qualify for it and also you can apply for the extensions, if you are eligible as well.
Check out the details of the agenda item at Reginfo.gov , below is the screenshot. Your views ?