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DHS Rule Rescinding Work Permits for H-1B Spouses Expected Soon

The Department of Homeland Security (DHS) is expected to introduce a rule that would rescind work authorizations for the spouses and under-21 children of H-1B visa holders. The news comes from a court filing in a lawsuit challenging a 2015 Obama rule allowing spouses and children, who hold H-4 visas, to apply for employment authorization documents (EADs).

DHS filed an update with the D.C. Court of Appeals in the lawsuit lodged by Save Jobs USA, a coalition of former Southern California Edison workers who were displaced by H-1B guest workers. DHS had asked the court to stay its ruling in the case while the agency proceeded with a rulemaking to rescind H-4 EADs, which would make the case moot.

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