Acting Chief, Business and Foreign Workers Division, Office of Policy and Strategy

1615-AC15 201710 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1615 U.S. Citizenship and Immigration Services USCIS 1600 Department of Homeland Security DHS 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.

]]> Economically Significant First Time Published in The Unified Agenda Proposed Rule Stage Yes Undetermined Other 8 CFR 214 8 CFR 274a 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) Yes

DHS is reviewing the 2015 final rule in light of issuance of Executive Order 13788, Buy American and Hire American.

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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.

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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.

]]> ]]> NPRM 02/00/2018 Yes Businesses None No No www.regulations.gov www.regulations.gov Yes No 1615-AB92 Related to Brian Hunt Acting Chief, Business and Foreign Workers Division, Office of Policy and Strategy 1615 U.S. Citizenship and Immigration Services USCIS 202 272-8377 202 272-1480 brian.j.hunt@uscis.dhs.gov 20 Massachusetts Avenue NW, Suite 1200, Washington DC 20529-2200