EAD for H1B Workers

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It was never an actual bill in Congress. it was recommended and a proposed Department of Homeland Security (DHS) / USCIS rule change -- twice. Both times is has never advanced further than the proposed stage (e.g. to comment, etc.). Giving H-4 spouses a similar EAD benefit as L-2 spouses has never proceeded further than a recommended idea :(.

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It is very unfortunate that this idea, which was recommended as part of a 'leaked' internal USCIS memo to Director Mayorkos and subsequently put forward on the federal register as a proposed rule change, went nowhere. As an administrative -- versus Congressional / legislative -- 'fix', it would have been (and still could be) a relatively easy change to enact. The 'qualifier' was a notable condition that the H-1B holder had to be eligible under AC 21, i.e. on a visa extension (post 6th year). The discussions at the time suggested that this restriction would at least be 'challenged' via submitted comments if the rule change had been advanced to that stage.

All one can do is hope that the idea is not dead, and the next adminstration (whoever it is), pushes this rule change forward.

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