A very good news for H4 spouses who are waiting for the EAD Updates. The step 7 (Preparation of Final Rule, Interim Final Rule or Direct Final Rule) of the H4 EAD rule making process is Complete and the final rule is submitted to OMB for review and approval.

What is H4 EAD Rule?

Under existing regulations H4 dependents cannot work in the U.S . This proposed rule will amend existing regulations to allow H-4 dependent spouses of certain H-1B workers to request employment authorization.

Who are Eligible?

Eligible individuals would include H-4 dependent spouses of principal H-1B workers who:

• Are the beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
• Have been granted an extension of their authorized period of stay in the United States under AC21 . AC21 permits H-1B workers seeking lawful permanent residence to work and remain in the United States beyond the six-year limit.

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Current Status – What`s next?

It will take 30 to 60 days to complete the review and it will be submitted for publication. Publication of the final rule is the last step of the process.

Here is the Updated version of 9 step rule making process with dates.

There are 9 steps in the rule making process:

Step 1: Initiating Events

Step 2: Determination whether a Rule is Needed

Step 3: Preparation of Proposed Rule

Step 4: OMB Review of Proposed Rule – (Cleared on 05/07/2014)

Step 5: Publication of Proposed Rule – (05/12/2014)

Step 6: Public Comments – (07/11/2014)

Step 7: Preparation of Final Rule, Interim Final Rule or Direct Final Rule (Completed on 02/05/2015)

Step 8: OMB Review of Final Rule, Interim Final Rule or Direct Final Rule (In Process)

Step 9: Publication of Final Rule, Interim Final Rule or Direct Final Rule

It is expected that the final rule making process will be following the same speedy process. H1B wiki will be closely watching the developments on this rule and will update the H1B wiki readers.So, Stay Tuned.