Plans to rescind an Obama-era rule that allows spouses of thousands of H-1B visa holders to work in the United States has been delayed until June, according to a court filing from the Department of Homeland Security.

Meanwhile, a fight continues over the delay of implementing the International Entrepreneur Rule continues.

Under a rule introduced by President Obama’s administration in 2015, the spouses and children of H-1B holders who are waiting for green cards are eligible to work in the U.S. on H-4 dependent visas.

Late last year, the Department of Homeland Security said it intends to do away with the rule. It expected to start the formal process for rescinding it in February.

However, in a court filing this week, the agency stated that United States Citizenship and Immigration Services had determined in January that “significant revisions to the draft proposal were necessary.” The revisions, the agency said, required a new economic analysis that took several more weeks to perform.

International Entrepreneur Rule fight

The Trump Administration is also under pressure to not revoke the International Entrepreneur Rule from the National Venture Capital Association and various allies in the private sector. In December, a federal judge ruled in favor if the NVCA, entrepreneurs, and startups who had challenged the DHS’s delay of IER, but the NVCA says the delay of implementing the rule continues.

“The International Entrepreneur Rule (IER) allows world-class immigrant entrepreneurs to build new companies in the United States if the startup has substantial potential for rapid growth and job creation,” wrote NVCA and other signatories in a letter last month to President Trump.  “During your State of the Union speech, you stressed the need for a ‘merit-based immigration system — one that admits people who are skilled, who want to work, who will contribute to our society, and who will love and respect our country.’  IER applicants are emphatically all of those things and as such deserve your full support.

“Unfortunately, ‘Rescission of the International Entrepreneur Rule’ has been pending review with the Office of Management and Budget since November 17, 2017.  This potential new rule places a dark cloud over IER, as immigrant entrepreneurs are uncertain of how long IER will be in place,” they added.  “The rescission rule stifles investment into new companies with foreign-born founders, which ultimately costs the U.S. economy.  It also exacerbates an alarming trend of elite entrepreneurs launching successful startups outside the United States.  Twenty years ago our country’s share of global venture investment was 90%, but that number has dropped precipitously to 81% in 2006 and to 53% in 2017.  In 2016, China was home to six of the ten largest venture capital investments in the world.  If we continue to push entrepreneurs overseas, our share of global investment will continue to decrease.”

‘Save Our Jobs’

The H-4 update is in response to a legal challenge from a group called Save Jobs USA, which filed a lawsuit in April 2015 arguing the permits threaten American jobs.

The filing provides some relief — at least temporarily — to the thousands of people who are currently working on H-4 visas.

The number of H-4 visas overall has been steadily increasing in recent years, with the majority being issued to South Asians. In 2016, 131,051 new H-4s were given out; in 2012, there were only 80,015.

Prior to the Obama administration’s change, H-4 holders weren’t allowed to earn an income or have a Social Security Number. That meant couples could only have one source of income.

The H-1B visa is the common visa route for highly skilled foreigners to find work at companies in the U.S. It’s valid for three years, and can be renewed for another three years. It’s a program that’s particularly popular in the tech community, with many engineers vying for one of the program’s 85,000 visas each year.

A DHS spokesperson said the department cannot comment on active rule making.