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DHS Requests Additional Time to Consider H-4 EAD Rule

April 4, 2017

As an update to our earlier report, today the Department of Homeland Security (DHS) requested an additional 180 days to review the H-4 Employment Authorization (H-4 EAD) Rule to decide what action, if any, the administration will take, and how it will respond to the related pending appeal in the case of Save Jobs USA v. DHS. As part of this requests, updates are to be provided to the court every 60 days on DHS’ review process.

DHS previously suggested that if it were to make any changes to the current H-4 EAD rule, it would most likely go through the normal administrative process, allowing first for a notice and comment period, to allow feedback from the community.

What Does This Mean for H-4 EAD Applicants? 
For now the H-4 EAD rule remains unchanged. DHS’s request does not impact the ability for qualifying H-4 dependent spouses to apply for employment authorization, nor does it revoke previously approved and granted employment authorization documents. H-4 EAD holders can continue to work in the U.S. pursuant to their valid EAD cards.

EIG is closely monitoring any impact and change to the H-4 EAD rule, and will provide updates as developments occur.