I-140 EAD Proposed Rule Approved by OMB

The Department of Homeland Security (DHS) has been planning a new rule which would amend regulations affecting certain employment-based immigrant and nonimmigrant classifications. It is anticipated that this rule will provide for the much-anticipated employment authorization (EAD) for holders of an approved I-140 immigrant petition. The first step in the regulatory process has been completed as the Office of Management and Budget approved the rule yesterday.

The details of the proposal are expected to be published in the Federal Register within days. While we don’t have specifics at this time, the DHS summary of the rule indicates that it will provide stability and job flexibility for the beneficiaries of approved employment-based immigrant visa petitions while they wait to become lawful permanent residents.

The eligibility criteria have yet to be released. It remains to be seen whether the beneficiaries of the proposal will be provided with the ability to travel, whether dependents will be included, and whether applicants will need to establish that they are maintaining their current nonimmigrant status.


Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.