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Another part of the H1B scheme is in the crosshairs of the Trump admin

Posted on 8/29/26 at 7:32 am
Posted by stout
Porte du Lafitte
Member since Sep 2006
185033 posts
Posted on 8/29/26 at 7:32 am
DHS has officially put eliminating work authorization for certain H-1B spouses back on its regulatory agenda.

The proposal would reverse the 2015 rule that allows certain H-4 dependent spouses of H-1B workers to obtain employment authorization.











FYI, this was just some shite decided on by Obama bureaucrats. Not Congress. Not an EO by Obama. Just some unelected officials decided to give away more jobs to foreigners



quote:

The 2015 H-4 EAD policy was neither an explicit Act of Congress nor a formal Executive Order; rather, it was a federal regulation issued by the U.S. Department of Homeland Security (DHS) under administrative authority

The Mechanism Behind the Rule

Executive Action Initiative: The rule resulted from a broader package of immigration executive actions announced by President Barack Obama in late 2014.

Agency Rulemaking: Instead of a direct presidential directive, the policy was formally implemented via the standard federal regulatory process (Notice of Proposed Rulemaking) managed by DHS and U.S. Citizenship and Immigration Services (USCIS).

Statutory Basis: DHS utilized its broad, existing statutory authority granted by Congress under the Immigration and Nationality Act (INA) to set conditions for admitting nonimmigrants.
Posted by stout
Porte du Lafitte
Member since Sep 2006
185033 posts
Posted on 8/29/26 at 7:37 am to
quote:

This is what happens: after 6 years on H1B/H4 with an approved I-140 by the 6th, the H1B can file an adjustment of status application for a green card with I-485. Now it is no longer an H-4 EAD, it is now pending an I-485-based EAD! It is no longer counted as an H-4 EAD, resulting in lower numbers of H-4 EADs being shown.








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