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Executive Summary
- In a federal lawsuit, the Department of Homeland Security has asked a court for three more months to review and reconsider the H-4 employment authorization rule.
- Eligible H-4 spouses of H-1B workers can still apply for new or renewed employment authorization, but the Department of Homeland Security could restrict or terminate the program in the future.
The Department of Homeland Security (DHS) has asked a federal appeals court for more time to review and reconsider the H-4 employment authorization program. The Obama-era rule, which permits certain H-4 spouses of H-1B workers to apply for employment authorization documents (EADs), remains in place for now, but DHS could elect to restrict or terminate it in the future.
Ongoing Litigation Against H-4 Employment Rule
- DHS made its request to the U.S. Court of Appeals for the District of Columbia Circuit in the case of Save Jobs USA v. DHS, a lawsuit brought by a group of U.S. technology workers challenging the legality of the H-4 EAD rule.
- The lawsuit was dismissed by a lower court last year, but the plaintiffs are appealing that ruling.
- The government wants until December 31, 2017 to consider H-4 employment in light of the Buy American, Hire American executive order, which directs DHS to protect the interests of U.S. workers when administering U.S. immigration law.
- The plaintiff-appellants want their appeal to go forward, but the Trump administration has requested that the case be put on hold for the third time.
What’s Next for the H-4 EAD Program
The appeals court has not yet ruled on DHS’s request for more time. Even if the government’s motion is denied, there should be no immediate impact on the H-4 EAD program. Qualifying H-4 spouses can continue to apply for new or renewed employment authorization.
In its filing, DHS indicates that it may publish a new proposed rule concerning H-4 employment authorization in the coming months. If DHS does so, it is likely, though not certain, to use regular administrative procedures with a notice and comment period to allow individuals and organizations an opportunity to provide feedback. The submission of comments would be crucial to make DHS aware of the importance of the H-4 EAD program and to give feedback on any proposed changes.
Fragomen is closely monitoring the status of the H-4 EAD regulation, and will provide updates as developments occur.
If you have any questions about the H-4 EAD program, please contact the immigration professional with whom you work at Fragomen. This alert is for informational purposes only.
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- Fragomen in Irvine, CA
- Fragomen in Houston, TX
- Fragomen in Chicago, IL
- Fragomen in Los Angeles, CA
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- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Detroit, MI
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Related offices
- Fragomen in Silicon Valley, CA
- Fragomen in San Francisco, CA
- Fragomen in San Diego, CA
- Fragomen in Phoenix, AZ
- Fragomen in New York, NY
- Fragomen in Matawan, NJ
- Fragomen in Irvine, CA
- Fragomen in Houston, TX
- Fragomen in Chicago, IL
- Fragomen in Los Angeles, CA
- Fragomen in Washington, DC
- Fragomen in Atlanta, GA
- Fragomen in Boston, MA
- Fragomen in Detroit, MI
- Fragomen in Miami, FL
- Fragomen in Dallas, TX
Related offices
- Fragomen in Silicon Valley, CA
- Fragomen in San Francisco, CA
- Fragomen in San Diego, CA
- Fragomen in Phoenix, AZ
- Fragomen in New York, NY
- Fragomen in Matawan, NJ
- Fragomen in Irvine, CA
- Fragomen in Houston, TX
- Fragomen in Chicago, IL
- Fragomen in Los Angeles, CA
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Explore more at Fragomen
Awards
Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.
Blog post
Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.
Visas
Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.
Podcast
Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.
Fragomen news
Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.
Video
Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.
Podcast
Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.
Media mentions
Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.
Video
In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.
Media mentions
Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.
Video
Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.
Awards
Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.
Blog post
Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.
Visas
Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.
Podcast
Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.
Fragomen news
Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.
Video
Latin America & the Caribbean Managing Partner Leonor Echeverria explores how Latin America’s evolving immigration landscape offers accessible and flexible residence pathways for foreign nationals, highlighting key visa options, regional trends and the growing role of digital modernization across the region.
Podcast
Senior Associate Stephanie Weaver and Associate Julia Manacher continue their discussion on immigration law in popular culture, examining how television and media portray immigration processes and the realities behind common immigration storylines.
Media mentions
Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.
Video
In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.
Media mentions
Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.
Video
Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.

