On January 25, 2021 President Biden’s Administration withdrew a proposed rule that sought to end eligibility for employment authorization documents (EAD) for H-4 dependent spouses of H-1B visa holders that had reached certain milestones in the permanent residency process. The proposed rule rescinding H-4 eligibility for EAD cards had been pending review at the Office of Management and Budget since February 2019 and was withdrawn pursuant to the regulatory freeze imposed by the Biden Administration on all pending rulemaking.  

While a positive development, there remains long pending litigation that challenged the initial 2015 H-4 EAD regulation. The litigation has been stayed for the past few years pending U.S. Department of Homeland Security (DHS) attempts to revoke eligibility. Now that the effort to rescind H-4 EAD eligibility has been withdrawn, it is likely that the litigation will resume in a more active manner.  

As always, Foster will continue to monitor potential and upcoming changes in USCIS regulations and will provide updates as appropriate via Foster Immigration Updates© and on the firm’s website at www.fosterglobal.com.