Rule to Ban H-4 Visa Holders From Working Expected in March 2020
The U.S. Department of Homeland Security (DHS) announced
that the proposed rule to rescind employment authorization for spouses of H-1B
visa holders will be released in March 2020. The announcement came on Nov. 20
in the Unified Agenda, which is the federal government’s rulemaking agenda.
This announcement is in line with the publication date cited
in the September 2019 Justice Department memo to a federal appeals court in the
Save Jobs USA v. U.S. Department of Homeland Security case.
In the Save Jobs USA case, former Southern California Edison employees are contesting
a DHS regulation allowing H-4 visa holders, many of whom are spouses of H-1B visa
holders, to work in the United States. The former employees argue that they were
displaced by H-1B guest workers and that they will be further harmed if the DHS’
rule providing work authorization to the spouses of H-1B workers is permitted to continue.