In 2012, for obvious reasons, a host of visa and immigration related rules of the DHS, DOS, and DOL kept extended over and over beyond 90 days and some beyond 180 days. The reason why this proposed rule review may be completed in March 2013 is the bi-annual rule making agenda that set the target date at March 2013, implying that this proposed rule review schedule may follow the 90-day review schedule of the OMB and USCIS.
The proposed rule was submitted by the USCIS to the OMB on 12/10/2012. We will see whether there will be any chance that the proposed rule review will be completed rather earlier under the 60-day review schedule.
As we reported earlier, this does not mean that the H-4 EAD rule can be implemented in March 2013. Once the proposed rule is published in the federal register with a period of comment, it will have to go through another cycle of the OMB review before the binding Interim Final or Final Rule can be published in the federal register. Proposed rule is not binding.
Besides, depending on the USCIS policy, there will be an extended period of time for the agency to review the comments which they received from the public before they draft and submit the Interim Final or Final to the OMB for review. The proposed rule will also provide from 30 days to 60 days comment period. Our smart visitors will be able to figure out the rough timeline, from the foregoing information, when the H-4 spouse EAD program maybe in place and implemented!
Update (March 15):
Please see this link: http://blog.mygcvisa.com/2013/03/immigration-update-this-week-310-315.html
Also see this rulemaking map to understand the complete process: http://www.reginfo.gov/public/reginfo/Regmap/regmap.pdf
Rule making Guide (In-depth): https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf
You can check the status here: http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201210&RIN=1615-AB92
- EAD For H4 Visa Holder: http://topimmigrationnews.blogspot.com/2012/12/more-details-for-h4-visa-holder-to-get.html
- Further Analysis Of EAD For H4 Visa Holder: http://topimmigrationnews.blogspot.com/2013/01/further-analysis-of-ead-for-h4-visa.html