H-4 EAD Program Update

The Department of Homeland Security is currently awaiting a response from the U.S. Court of Appeals in D.C. following a grant of 180 days to review the H-4 Employment Authorization (EAD) Rule and decide what action if any, it will respond to the pending appeal in the case of Save Jobs USA v. DHS.

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 obtain input from the community.

Regardless, at this time 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.