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|DHS/USCIS||RIN: 1615-AC15||Publication ID: Fall 2017|
|Title: ●Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization|
On February 25, 2015, DHS published a final rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS is publishing this notice of proposed rulemaking to amend that 2015 final rule. DHS is proposing to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization.
|Agency: Department of Homeland Security(DHS)||Priority: Economically Significant|
|RIN Status: First time published in the Unified Agenda||Agenda Stage of Rulemaking: Proposed Rule Stage|
|Major: Yes||Unfunded Mandates: Undetermined|
|EO 13771 Designation: Other|
|CFR Citation: 8 CFR 214 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations.)|
|Legal Authority: 6 U.S.C. 112 8 U.S.C. 1103(a) 8 U.S.C. 1184(a)(1) 8 U.S.C. 1324a(H)(3)(B)|
Statement of Need:
DHS is reviewing the 2015 final rule in light of issuance of Executive Order 13788, Buy American and Hire American.
Summary of the Legal Basis:
The Secretary of Homeland Security (Secretary) has the authority to amend this regulation under section 102 of the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135, 6 U.S.C. 112, and section 103(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1103(a), which authorize the Secretary to administer and enforce the immigration and nationality laws. In addition, section 214(a)(1) of the INA, 8 U.S.C. 1184(a)(1), provides the Secretary with authority to prescribe the time and conditions of nonimmigrants’ admissions to the United States. Also, section 274A(h)(3)(B) of the INA, 8 U.S.C. 1324a(h)(3)(B), recognizes the Secretary's discretionary authority to extend employment authorization.
Anticipated Costs and Benefits:
DHS anticipates that there would be two primary impacts that DHS can estimate: the cost-savings accruing to forgone future filings by H-4 spouses, and labor turnover costs that employers of H-4 workers could incur.
|Regulatory Flexibility Analysis Required: Yes||Government Levels Affected: None|
|Small Entities Affected: Businesses||Federalism: No|
|Included in the Regulatory Plan: Yes|
|RIN Information URL: www.regulations.gov||Public Comment URL: www.regulations.gov|
|RIN Data Printed in the FR: Yes|
|Related RINs: Related to 1615-AB92|
Division Chief, Business and Foreign Workers Division
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue NW, Suite 1200,
Washington, DC 20529-2200