One more good news to H4 Dependents! Office of Management and Business cleared the H4 EAD Proposed Rule yesterday night. One more hurdle cleared in the rule making process.
There are so many updates coming on this rule from past year and many of you may be wondering about what stage the rule is in right now.
Here is the overview of rule making process.The steps highlighted in the green are the ones which are cleared.
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
Step 6: Public Comments
Step 7: Preparation of Final Rule, Interim Final Rule or Direct Final Rule
Step 8: OMB Review of Final Rule, Interim Final Rule or Direct Final Rule
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.
from step 5 to 9 is nearly 2 months. its already passed i guess. so can you please update the recent status?
Hope this get approved soon
Don’t approved work visa for h4..What american do if you guyz getting work from out side of country.
Step 5 completed : http://www.regulations.gov/#!documentDetail;D=DHS_FRDOC_0001-1215
This rule only applies to H4 Dependents, whose primary H1 has an I140 Approved and is on the path of getting a Green Card..plus the Primary H1 should also be from STEM (Science, Technology, Engineering and Maths) so I believe it should apply to all H1’s who have done their Masters in US. I may be wrong but this is what I understand.
There is no requirement for H-1B workers to be STEM graduates in the proposed language.
Does Chemistry/Pharmacy related fields eligible for this or else only IT ? my wife is from pharmacy back ground, can she get EAD I am in IT — if rules gets in to real..
I believe yes…
If you are a qualified professional with H1 as in proposed rule.
Ping me for more information
It will be a tough one. There is wide spread criticism around this..I m sure senators will not allow it to go through.Imagine all jobs taken by lakes of fake profile people..unhealthy competition..and other issues..
This does’t involve senators or congress. It’s a RULE not a BILL. White House is bypassing congress to implement this.
true, but if there is enough commotion, the white house may back down. Obama does not want to upset the apple cart too much to have some minuscule hope of getting CIR through.
Thanks for the update and lets hope for the best !
Does anyone know what SPECIFIC changes are being made (proposed) to the EB-1B?
Does this require voting from senate and house?
If everything from the above listing clear, is it going to be implemented by DHS immediately?
no…this will be through executive action. Although, if opposing parties make noise about this, the president may well back down from this proposal. Some senators (e.g. Grassley) started attacking it an hour after news broke yesterday…
Very few Senators vote for the US citizen. It’s very sad.
Thanks for clarify this.
It would be a good news.
If you don’t mind asking, how do you know this will be made through executive action by the president?
This does’t involve Senators or House members. It’s a RULE not a BILL. White House is bypassing the Congress to implement this.
Do we get any intimation from DHS once this rule is passed. Or we need to apply for an EAD?
You need to apply for an EAD after the final rule is published.
What is in this rule for US citizens ? Already there are ppl looking for jobs.
For US Citizens: 2 things, 1 realize that you need to get every kid into college and say yes everytime to higher education and secondly realize that spouses of H1B skilled workers are almost always equally skilled and we need this talent pool for new technologies and the next wave of the economy. The growing pool of senior citizens will not continue to work forever and we are a shrinking young workforce. Immigration is the only way to stay ahead by 2050 and beyond.
Also there will always be people looking for jobs in every country and fear of competition should not be the reason to restrict a rule.
No offence and understand the eagerness to increase the earning members of family . Higher education is a good point. Don’t expect parents of US kids to compete with 150k ( cost of college education inUS) to people who have the luxury of earning degree at 15k in large numbers . So why don’t we fix higher education expenses first and then set up a level playground ?
Makes sense but we should get ROI for all the capitation fees paid and money paid to agents for getting fake B tech certificates from Hyderabad 🙂
how much time this process takes to become reality?
how much time for step 5 to step 9 ?
Typical public comments is for 60 days. Then we don’t know how long it will take to create a final rule.
Is there a possiblity that this rule may be approved for all h4 visa holders through public comments requesting
?
I don’t think so. 97,000 EAD’s + 30,000 per year is large number.
When this is initially proposed in 2012, rule has stricter language with H1B workers houls have completed 6 years + approved I-140. Now, they have removed 6 year limit. I don’t think they will open it up to all.
Yes I get that…still hundreds of thousands of H4s will not get jobs…i wish they could be more generous as everyone is ambitious and look forward for working..