Proposed Changes to H-1B and H-4
The Department of Homeland Security (DHS) and the Department of Labor (DOL) have released their fall 2018 regulatory agendas. If finalized and implemented, the H-1B and H-4 programs will be significantly impacted.
The followings are key items on the fall 2018 regulatory agendas related to the H-1B and H-4 programs:
DHS May Publish Proposal to Rescind H-4 Employment Authorization
Since March 2015, the Employment Authorization Document (EAD) program for spouses of H-1B beneficiaries (H-4) has been in place, offering H-4 spousal work authorization. However, in early 2017, the Trump Administration announced its intentions to review and reconsider the H-4 EAD program.
Prior to that date, in April 2015, a group...
Proposal to Rescind H-4 Employment Authorization Under Review
As mentioned in a previous , in April 2015, a group of tech workers formed by Americans who were employed at Southern California Edison filed a complaint for declaratory and injunctive relief and a motion for preliminary injunction staying the implementation of the United States Citizenship Service's (USCIS) final rule on employment ...
USCIS Releases Revised Version of Form I-539
As mentioned in a , the United States Citizenship and Immigration Services (USCIS) has released a revised version of Form I-539, Application to Extend/Change Nonimmigrant Status as well as a new Form I-539A Supplement. These new forms will become mandatory starting March 22, 2019.
The revised Form I-539 requires the follo...
H-4 EAD Rescission Proposal Remains Under Federal Review
The United States Department of Homeland Security (DHS) filed a status report in response to a court order in Save Jobs USA v DHS, a lawsuit that challenges the work authorization for H-4 spouses of H-1B beneficiaries. According to the status report, the proposal for rescinding H-4 work authorization is still under federal ...
Federal Appeals Court Sends H-4 EAD Lawsuit Back to Lower Court
In a , we noted that a proposed rule by the U.S. Department of Homeland Security (DHS) to rescind employment authorization for spouses of H-1B workers remained under federal review at the Office of Management and Budget (OMB). This was in response to Save Jobs USA v DHS, a lawsuit that challenges the work authorization of H...