In 2015, the Obama Administration DHS issued the H-4 EAD Rule allowing certain spouses of H-1B holders to obtain EADs and work while waiting to become permanent residents. The Trump Administration appears to be intent on the elimination of the H-4 EAD Rule.

In line with President Donald Trump’s “Buy American, Hire American” Executive Order and his aim for a fully “merit-based” visa scheme, a draft regulation that would end the H-4 EAD program (enacted by the Obama Administration in 2015) reportedly is being circulated. The draft regulation would need to go through the Notice-and-Comment period to comply with the Administrative Procedures Act before being adopted, likely some time in 2018.

Under the H-4 EAD Rule, spouses of H-1B beneficiaries who are in the process of getting green cards can obtain work authorization while they wait. This rule is particularly popular among the Indian and Chinese immigrant communities because their waits for green cards can be years long.

Beyond the possible loss of entrepreneurial activity, if the H-4 EAD is eliminated, U.S. companies that need to hire H-1B workers may find themselves at a competitive disadvantage internationally. Countries throughout Europe, Canada, the U.K., Australia, and others have routinely allowed the spouses of highly skilled workers to work. Because living as a one-income family in the U.S. can be difficult in today’s economy and because without the H-4 EAD spouses may not be eligible for work authorization for 10 years or more, its elimination may make global talent acquisition and retention more difficult. Today, 90% of H-4 visa holders are women and 80% of those are Indian nationals – many are the spouses of H-1B workers in the high-tech industry which may be particularly affected.

Beyond allowing H-1B beneficiaries to be two-income families, the ability for spouses to obtain work authorization has been seen by some as encouraging highly skilled workers to remain in the United States. Its elimination could have a major effect on the companies that employ the approximately 100,000 individuals who are in the United States working on H-4 EADs. At this time, there are no details about how the Administration would plan to scale back the program.

Remember to follow us on Facebook and Twitter.
We are available to represent Employment Based Adjustment of Status Applicants in the following localities: San Diego County including San Diego, Carlsbad, and Escondido; Los Angeles County including Beverly Hills, Los Angeles, West Los Angeles, Burbank, Hollywood, Van Nuys, Whittier, Woodland Hills, and Long Beach; Santa Clara County including San Jose, Milpitas, Santa Clara, and Sunnyvale; Alameda County including Oakland, San Leandro, and Berkeley; Sacramento County including Sacramento, Elk Grove, and Folsom; and Orange County including Santa Ana and Anaheim.